South Africa Case Law

City Square Trading 204 (Pty) Limited v Inxuba Yethemba Local Municipality and Another (12 September 2023) (5477/2016)

City Square Trading 204 (Pty) Limited v Inxuba Yethemba Local Municipality and Another (12 September 2023) (5477/2016) [2023] ZAECMKHC 99 (12 September 2023)

Court

Eastern Cape High Court, Makhanda

Case number

5477/2016

Judge

J W Eksteen

The High Court held that a municipal water-services maintenance contract was tacitly assigned to CHDM, making it liable for unpaid invoices and loss of profits.

• Contract Assignment
• Delegation And Novation
• Municipal Liability
• Water Services Act
• Damages For Breach
• Exclusive Supply Agreement

Mineral-Loy (Pty) Ltd v Evraz Highveld Steel & Vanadium Corporation Ltd and Another (34312/10)

Mineral-Loy (Pty) Ltd v Evraz Highveld Steel & Vanadium Corporation Ltd and Another (34312/10) [2013] ZAGPPHC 139 (3 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

34312/10

Judge

E Bertelsmann

The court found, on a balance of probabilities, that a binding distribution agreement existed between the plaintiff and the first defendant from 1985, which was amended to include silico-manganese and adjusted commission rates. Upon sale of the Transalloys division, the agreement was assigned to the second defendant, with the plaintiff's consent evidenced by continued performance and instructions to invoice the second defendant. The second defendant's refusal to provide sales figures, effect payment, and communicate further constituted a clear repudiation of the contract. The plaintiff was en…

Source excerpt

• Contract Assignment
• Distribution Agreement
• Repudiation
• Commission Claim
• Delegation Of Obligations

Surmon Fishing (Pty) Ltd and Others v Compass Trawling (Pty) Ltd and Others (162/08)

Surmon Fishing (Pty) Ltd and Others v Compass Trawling (Pty) Ltd and Others (162/08) [2008] ZASCA 142; 2009 (2) SA 196 (SCA) ; [2009] 2 All SA 176 (SCA) (27 November 2008)

Court

Supreme Court of Appeal

Case number

162/08

Judges

Harms, Scott, Ponnan, Combrinck, Griesel

The Supreme Court of Appeal held that a company board resolution was validly passed under the company’s articles and shareholders agreement, not the joint venture’s voting rule.

• Company Directors Powers
• Shareholders Agreement
• Majority Voting
• Contract Assignment
• Interpretation Of Contracts
• Company-directors-powers