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South Africa decisions
Decisions matching the current search
Van Der Merwe v Bosch N.O and Others (39756/2016) [2025] ZAGPPHC 278 (19 March 2025)
The High Court granted defendants leave to amend a plea to raise an alleged settlement about a dead man’s will, and ordered the plaintiff to pay the amendment costs.
Azrapart (Pty) Limited v Huseyin (Pty) Ltd and Another (2022/5357) [2024] ZAGPJHC 874 (9 September 2024)
Summary judgment was granted in a commercial lease dispute. The court rejected rectification and public-policy defences, but treated some post-vacation consumption charges as not liquid.
Robertson N.O. and Others v Business Partner Ltd; In re: Business Partner Ltd v Robertson N.O. and Others (2198/2015) [2015] ZAFSHC 199 (29 October 2015)
The court found that the applicants provided a reasonable and acceptable explanation for their default, as the summons was not properly served at their premises and they only became aware of the judgment after an attempted execution. The applicants raised a bona fide defence by contending that the royalty agreement was a simulated transaction and contra bonis mores, which, if proven at trial, could render the agreement unenforceable. The court held that such issues require a full enquiry and credibility findings, which cannot be resolved in motion proceedings. Therefore, the applicants demons…
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Leading Prospects Trading 38 (Pty) Limited v Centrique Insurance Company and Another (69139/2011) [2015] ZAGPPHC 302 (8 April 2015)
High Court judgment on helicopter insurance, negligence, and a void rental contract after a crash involving power lines.
Lupini and Another v Lamonvile Golden Arrows Football Club and Arbitration (D993/09) [2011] ZALCD 14 (11 May 2011)
The Labour Court held it had jurisdiction over a damages claim despite a contractual arbitration clause, while postponing challenges to the clause itself.
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