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South Africa Case Law

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Commercial And Corporate [2024] ZAGPJHC 865

Timbela Trading Close Corporation v Anglo American Platinum Limited and Another (21/23506)

Timbela Trading Close Corporation v Anglo American Platinum Limited and Another (21/23506) [2024] ZAGPJHC 865 (9 September 2024)

Court
South Gauteng High Court, Johannesburg
Case number
21/23506
Judge
A Bester

The court found that the written contract between the parties contained a binding arbitration clause covering all disputes arising out of or in connection with the agreement. The plaintiff failed to plead or prove any sufficient reason to avoid the consequences of the arbitration clause, did not act in terms of section 3(2) of the Arbitration Act, and did not lead evidence to support its opposition. The constitutional and public policy arguments advanced by the plaintiff were not supported by the facts or law and did not justify refusing a stay. The court held that the defendants were entitle…

Source excerpt

  • Arbitration Agreement
  • Stay Of Proceedings
  • Breach Of Contract
  • Public Policy Exception
  • Constitutional Rights In Contract
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Land And Property [2021] ZAKZPHC 12

KZN Oils (Pty) Ltd v Nelta (Pty) Ltd t/a Keyway Motors (184/18P)

KZN Oils (Pty) Ltd v Nelta (Pty) Ltd t/a Keyway Motors (184/18P) [2021] ZAKZPHC 12; [2021] 2 All SA 478 (KZP) (12 February 2021)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
184/18P
Judge
Henriques

The applicant is the lawful owner of the premises and the respondent's right of occupation terminated by effluxion of time. The respondent failed to establish any binding assurance or agreement entitling it to continued occupation. The referral to arbitration under section 12B of the Petroleum Products Act does not automatically stay eviction proceedings nor oust the jurisdiction of the High Court; the respondent was required to apply for a stay under section 6 of the Arbitration Act, which was not done. The arbitrator's powers are limited to correcting unfair or unreasonable contractual prac…

Source excerpt

  • Eviction
  • Termination Of Franchise Agreement
  • Stay Of Proceedings
  • Arbitration Under Petroleum Products Act
  • Unfair Contractual Practice
  • Constitutional Rights In Contract
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Civil Procedure [2019] ZAGPJHC 491

Nedbank Limited v Khoza and Another (31321/2018)

Nedbank Limited v Khoza and Another (31321/2018) [2019] ZAGPJHC 491 (29 November 2019)

Court
South Gauteng High Court, Johannesburg
Case number
31321/2018
Judge
BE Leech

The application for leave to appeal is dismissed because the respondents failed to challenge the relevant contractual clauses during the main application and did not provide any factual basis for their constitutional arguments. The clauses relied upon by the applicant fall within a lex commissoria, and materiality was agreed between the parties. There is no reasonable prospect that another court would find differently, as the respondents did not establish that enforcement of the contractual provisions violated their constitutional rights. The property is not the first respondent's primary res…

Source excerpt

  • Leave To Appeal
  • Contractual Cancellation
  • Lex Commissoria
  • Constitutional Rights In Contract
  • Special Executability
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.