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South Africa decisions
Decisions matching the current search
Make Commodities (Pty) Ltd v Afrisam (South Africa) (Pty) Ltd (3071/2018) [2019] ZAGPJHC 62 (5 March 2019)
The court disallowed a plaintiff’s notice of amendment because the proposed alternative case depended on an excipiable contract-modification averment.
Rossgro Chickens (Pty) Ltd v Cold Chain (Pty) Ltd (11563/2011) [2014] ZAGPPHC 258 (24 April 2014)
The court dismissed most of a supplier’s claim under a distribution agreement, finding no proven amendment for direct deliveries and awarding only admitted and proven amounts.
GWK Beperk v Van Jaarsveld (1459/05) [2006] ZANCHC 31 (2 June 2006)
The court found that the defendant's affidavit, while lacking in some detail, sufficiently disclosed the essence of his defence: that he attempted to perform in terms of the acknowledgment of debt by tendering lucerne, but was prevented from doing so by the plaintiff's employee. The court was not convinced that the defence was not bona fide or that the defendant was merely playing for time. As such, the strict consequences of summary judgment were not warranted, and the defendant was entitled to defend the action. The acknowledgment of debt constituted a variation of the method and form of pe…
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Glencore Grain Africa (Pty) Limited v Du Plessis and Others (4621/99) [2002] ZAFSHC 2 (28 March 2002)
The court found that clause 11 of the contract was validly amended to treat damage or destruction of crops due to drought, adverse weather, or fire as force majeure, exempting the defendants from liability for non-delivery. The evidence established that the contract referred to maize produced on the defendants' land, and the parties intended the force majeure clause to apply to such circumstances. The plaintiff failed to discharge the burden of proof for damages, as the contract did not oblige the defendants to deliver more than what was produced under the prevailing conditions. The contract…
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