South Africa Case Law

Land and Agricultural Development Bank of South Africa v Kinros Estates (Pty) Ltd and Another (Leave to Appeal) (218/2023)

Land and Agricultural Development Bank of South Africa v Kinros Estates (Pty) Ltd and Another (Leave to Appeal) (218/2023) [2024] ZAECMKHC 140 (25 November 2024)

Court

Eastern Cape High Court, Makhanda

Case number

218/2023

Judge

Laing

The High Court granted leave to appeal over whether a loan agreement was properly authorised under the Bank’s delegation of powers and whether the signatures were sufficient.

• Loan Agreement Authorisation
• Delegation Of Powers
• Leave To Appeal
• Contract Enforceability
• Leave-to-appeal
• Loan-agreement-authorisation

Schoeman and Another v Big 5 Security Company Wihon 25 CC and Others (7093/2024)

Schoeman and Another v Big 5 Security Company Wihon 25 CC and Others (7093/2024) [2024] ZALMPPHC 96 (6 August 2024)

Court

Limpopo High Court, Polokwane

Case number

7093/2024

Judge

Gaisa

An urgent application to enforce a sale agreement, recover GPRS radios, and stop client contact was dismissed for lack of urgency and failure on the merits.

• Specific Performance
• Contract Enforceability
• Ownership Of Property
• Final Interdict
• Urgent Application
• Admissibility Of Evidence

Muller v Snyman (MCA 05/2023)

Muller v Snyman (MCA 05/2023) [2024] ZALMPTHC 24 (15 March 2024)

Court

Limpopo High Court, Thohoyandou

Case number

MCA 05/2023

Judges

FS Nemutandani, AML Phatudi

The High Court partly upheld an appeal in a tomato-crop contract dispute, setting aside judgment for the plaintiff because he led no evidence, but confirming absolution on the counterclaim.

• Burden Of Proof
• Absolution From The Instance
• Contract Enforceability
• Counterclaim
• Locus Standi
• Burden-of-proof

ABSA Bank Limited v Objective Photo (Pty) Ltd and Another (035251/2022)

ABSA Bank Limited v Objective Photo (Pty) Ltd and Another (035251/2022) [2024] ZAGPPHC 32 (24 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

035251/2022

Judge

Malatsi-Teffo

The High Court struck off ABSA’s default judgment application after finding the loan agreement was unsigned and the pleadings did not disclose a proper cause of action.

• Default Judgment
• Loan Agreement
• Suretyship
• Pleading Requirements
• Contract Enforceability
• Default-judgment

Mmamoleboge Investment CC v Minister of the Department of Public Works of the Republic of South Africa and Others (5086/2016)

Mmamoleboge Investment CC v Minister of the Department of Public Works of the Republic of South Africa and Others (5086/2016) [2024] ZALMPPHC 6 (17 January 2024)

Court

Limpopo High Court, Polokwane

Case number

5086/2016

Judge

Bresler

The High Court dismissed an application to strike out or dismiss a claim, holding that incomplete replies to further particulars were adequate for trial preparation.

• Rule 21 4 Application
• Contract Enforceability
• Secondary Evidence
• Striking Out Claim
• Further Particulars
• Further-particulars

Ruth Eunice Sechoaro v Patience Kgwadi (896/2021)

Ruth Eunice Sechoaro v Patience Kgwadi (896/2021) [2023] ZASCA 46; 2023 (5) SA 420 (SCA) (4 April 2023)

Court

Supreme Court of Appeal

Case number

896/2021

Judges

Dambuza, Schippers, Nicholls, Kathree-Setiloane, Siwendu

The Supreme Court of Appeal found that the respondent's unilateral mistake in signing the 2012 agreement was reasonable and excusable. The respondent was hospitalized, sedated, and in pain when presented with the agreement, which was inconsistent with the prior verbal arrangement regarding the division of property. The applicant failed to provide evidence that the respondent intended to forfeit her share or that the nature and importance of the agreement were explained to her. The court held that Mr Kgwadi, knowing the respondent's condition and the prior agreement, deliberately presented the…

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• Unilateral Mistake
• Contract Enforceability
• Division Of Property
• Variation Of Settlement Agreement

Quantibuild (Pty) Ltd v Ngaka Modiri Molema District Municipality (3352/2019)

Quantibuild (Pty) Ltd v Ngaka Modiri Molema District Municipality (3352/2019) [2021] ZANWHC 39 (2 March 2021)

Court

North West High Court, Mafikeng

Case number

3352/2019

Judge

Makoti M Z

The defendant failed to provide a genuine and bona fide defence to the plaintiff's claim for payment under the contract and adjudication award. The contract, presumed valid until set aside by a court, was not challenged timeously by the defendant, and the counter-claim to review and set aside the contract was instituted after unreasonable delay without explanation. The defendant participated in the adjudication process and did not challenge the award, which is binding and enforceable. The defence based on illegality and lack of authority does not avail the defendant, as the contract's validit…

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• Summary Judgment
• Enforcement Of Adjudication Award
• Public Procurement Legality
• Contract Enforceability
• Counter Claim Delay

Trudon (Pty) Ltd v Joburg Water SOC Limited (24440/2019)

Trudon (Pty) Ltd v Joburg Water SOC Limited (24440/2019) [2021] ZAGPJHC 547 (1 February 2021)

Court

South Gauteng High Court, Johannesburg

Case number

24440/2019

Judge

C I Moosa

The court held that the defendant, as a municipal entity, was required to follow proper procedures to challenge the validity of the agreement entered into with the plaintiff. The defendant's plea and counterclaim, which sought to raise the invalidity of the agreement by way of a collateral challenge, were not legally permissible in the absence of a formal application to review and set aside the agreement. The Oudekraal principle and subsequent Constitutional Court authority make clear that unlawful administrative acts remain effective until set aside by a court, and organs of state must follo…

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• Oudkraal Principle
• Collateral Challenge
• Public Procurement
• Municipal Finance Management Act
• Contract Enforceability
• Stare Decisis

Conningham and Another v CSG Holdings Limited (9193/19P)

Conningham and Another v CSG Holdings Limited (9193/19P) [2020] ZAKZPHC 48 (28 August 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9193/19P

Judge

Bedderson AJ

The court held that the arbitration agreement between the parties is sufficiently broad to encompass disputes regarding the validity and enforceability of the restraint of trade clause and the penalty imposed. The arbitrator is empowered to determine these issues under both the agreement and the applicable AFSA rules. The application for declaratory relief does not fall within the exceptions for urgent relief or interdicts that would allow court intervention under clause 20.9. The applicants did not seek an order under s 3(2)(b) of the Arbitration Act to exclude arbitration. The dispute shoul…

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• Restraint Of Trade
• Arbitration Agreement
• Contract Enforceability
• Public Policy
• Conventional Penalties Act

Mellet NO and Others v Vermeulen and Another (2702/2019)

Mellet NO and Others v Vermeulen and Another (2702/2019) [2020] ZAFSHC 61 (13 March 2020)

Court

Free State High Court, Bloemfontein

Case number

2702/2019

Judge

NM MBHELE

The court held that an inter vivos trust could hold a close corporation interest under section 29(1A) and enforced the sale agreement, dismissing the counter-application.

• Close Corporation Membership
• Trusts As Members
• Contract Enforceability
• Declaratory Relief
• Security For Payment
• Close-corporation-membership