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South Africa decisions
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Junkoon NO and Others v Spar Group Limited (2022/17936) [2023] ZAGPJHC 693 (13 June 2023)
High Court refused an amendment to add a tacit term to a lease, holding the parties had already expressly dealt with fire damage and reconstruction.
Takealot Online (RF) (Pty) Ltd v Driveconsortium Hatfield (Pty) Ltd - Application for Leave to Appeal (7348/2021) [2021] ZAWCHC 280 (11 October 2021)
The court found that the amendments to the notice of motion did not substantially alter the respondent's case and caused no prejudice to the applicant, who had ample opportunity to address the amended relief. The respondent established a prima facie right based on allegations of unfair, unreasonable, or unjust contract terms under the Consumer Protection Act, which are legal questions appropriately determined by a court. The court rejected the applicant's argument that jurisdiction was lacking due to an arbitration clause and the requirement to exhaust other remedies under section 69(d) of th…
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Koster v Industrial Zone Limited and Others (25767/2006) [2020] ZAGPJHC 394 (30 December 2020)
Late amendment refused in a property sale dispute; the action was dismissed because the plaintiff’s new case was prejudicial and excipiable.
Botha v Uniqon Wonings (Pty) Ltd (9751/2016) [2019] ZAGPPHC 501 (9 October 2019)
The court held that the plaintiff's particulars of claim do not disclose a valid cause of action for compelling the defendant to sign the amended schedule for new projects, as the agreement's non-variation clause requires all amendments to be in writing and signed by both parties. The plaintiff's reliance on oral agreements for additional projects is unsustainable, as these agreements pertain to the same subject matter and terms as the extant written agreement, which expressly prohibits oral amendments. The court further found that waiver or estoppel cannot override the non-variation clause,…
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Meecham v Naude and Another (41450/2017) [2018] ZAGPJHC 722 (9 October 2018)
The High Court held that a 10 April 2013 email did not cap payment at R6 million for the later whole-property sale and found a new July 2013 agreement.
Smit v Willers (A440/2007) [2009] ZAGPPHC 79 (29 May 2009)
The High Court upheld an appeal against absolution from the instance, finding the amended agreement displaced the original and supported judgment for the appellant.
Highveld 7 Properties (Pty) Ltd and Others v Bailes (319/98) [1999] ZASCA 71; [1999] 4 All SA 461 (A) (27 September 1999)
The Supreme Court of Appeal held that insisting on an invalid land-sale amendment, without qualification, repudiated the original contract.
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