South Africa Case Law

Industrial Corporation of South Africa v Mara Corporation Limited and Others (2022/035089)

Industrial Corporation of South Africa v Mara Corporation Limited and Others (2022/035089) [2024] ZAGPJHC 293 (19 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/035089

Judge

C.D.A. Loxton

The court held that the defendants' plea failed to disclose a valid defence because it did not allege any mistake or misrepresentation as to the terms or obligations of the Guarantee agreement. The representations relied upon by the defendants were not shown to have induced a justifiable error regarding the Guarantee itself. The Guarantee contains clear clauses excluding reliance on any representations not recorded therein. The authorities cited by the defendants, including Ocean Echo and Spenmac, were distinguishable on the facts, as those cases involved errors regarding the subject matter o…

Source excerpt

• Guarantee Agreement
• No Representations Clause
• Misrepresentation
• Consensus
• Exception To Plea

Bila Civil Contractors (Pty) Ltd v Passenger Rail Agency of South Africa (21344/2019)

Bila Civil Contractors (Pty) Ltd v Passenger Rail Agency of South Africa (21344/2019) [2023] ZAGPPHC 618 (31 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

21344/2019

Judge

Makhoba

The High Court held that no binding contract had been concluded between Bila Civil Contractors and PRASA because material issues were still unresolved.

• Contract Formation
• Animus Contrahendi
• Consensus
• Prescription
• Costs Award
• Contract-formation

Cooper N O and Another v Curro Heights Properties (Pty) Ltd (1300/2021)

Cooper N O and Another v Curro Heights Properties (Pty) Ltd (1300/2021) [2023] ZASCA 66; 2023 (5) SA 402 (SCA) (16 May 2023)

Court

Supreme Court of Appeal

Case number

1300/2021

Judges

Zondi, Mocumie, Mothle, Meyer, Molefe

The SCA held that a land sale agreement was void ab initio for non-compliance with section 2(1) of the Alienation of Land Act and lack of consensus on the merx.

• Alienation Of Land Act
• Contract Formalities
• Consensus
• Rectification
• Sale Of Land
• Material Terms

Sasfin Bank Limited and Another v Motors Hoogland Bethlehem CC and Others (3719/2020)

Sasfin Bank Limited and Another v Motors Hoogland Bethlehem CC and Others (3719/2020) [2021] ZAFSHC 271 (4 November 2021)

Court

Free State High Court, Bloemfontein

Case number

3719/2020

Judge

Loubser

Summary judgment was granted on a rental agreement debt after the court found the defendants’ misrepresentation and other defences were too vague and unsupported.

• Summary Judgment
• Rental Agreement Breach
• Guarantee Liability
• Misrepresentation
• Consensus
• Personal Knowledge Affidavit

GHPM Boerdery 100 Bk v Standard Bank van Suid-Afrika Bpk (13166/08)

GHPM Boerdery 100 Bk v Standard Bank van Suid-Afrika Bpk (13166/08) [2009] ZAGPHC 28 (12 February 2009)

Court

High Courts - Gauteng

Case number

13166/08

Judge

Van der Merwe R

The court granted absolution from the instance after finding the plaintiff had not proved misrepresentation or lack of consensus about an alleged R500,000 suretyship limit.

• Suretyship
• Misrepresentation
• Consensus
• Rectification
• Onus Of Proof
• Absolution-from-the-instance

Sonap Petroleum (South Africa) (Pty) Ltd v Pappadogianis (483/90)

Sonap Petroleum (South Africa) (Pty) Ltd v Pappadogianis (483/90) [1992] ZASCA 56; 1992 (3) SA 234 (AD); [1992] 2 All SA 114 (A) (30 March 1992)

Court

Supreme Court of Appeal

Case number

483/90

Judges

Joubert, Botha, Harms

The court set aside an amended lease addendum that reduced the term from 20 to 15 years, holding it void to that extent because the respondent knew a mistake was possible.

• Rectification Of Contract
• Unilateral Mistake
• Lease Agreement
• Consensus
• Mortgage Bond
• Rectification-of-contract