South Africa Case Law

Nel & Others v Cilliers (197/2023)

Nel & Others v Cilliers (197/2023) [2024] ZASCA 57 (19 April 2024)

Court

Supreme Court of Appeal

Case number

197/2023

Judges

Nicholls, Matojane, Molefe, Baartman, Mbhele

The Supreme Court of Appeal held that the appellants' pre-trial concession regarding the invalidity of D2 under the National Credit Act was binding and not withdrawn, precluding any relief under D2. The full court erred in finding D1 inchoate based on unpleaded issues and unreliable testimony; the objective facts showed D1 was neither simulated nor abandoned. D1 did not fall within the definition of a credit agreement under section 8(4) of the NCA, as no charge, fee, or interest was payable on the deferred payment. The parties' true intention was a sale of shares with deferred payment, not a…

Source excerpt

• Specific Performance
• National Credit Act
• Contract Novation
• Pre Trial Concession
• Sale Of Shares

Heritage Financial Consultants (Pty) Ltd v Ramborosa and Another (2021/36805)

Heritage Financial Consultants (Pty) Ltd v Ramborosa and Another (2021/36805) [2021] ZAGPJHC 883 (3 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/36805

Judge

A Friedman

The High Court held that later employment agreements novated an earlier restraint clause, and that Heritage failed to prove enforceable confidentiality-based relief.

• Restraint Of Trade
• Confidential Information
• Contract Novation
• Interdict
• Employment Contracts
• Restraint-of-trade

Latib v Pro Sano Medical Scheme (6045/2008)

Latib v Pro Sano Medical Scheme (6045/2008) [2012] ZAWCHC 234 (12 December 2012)

Court

Western Cape High Court, Cape Town

Case number

6045/2008

Judge

A.G. Binns-Ward

The High Court held that the plaintiff’s claim prescribed, finding prescription began when the alleged 27 October 2004 agreement was concluded, or at latest on repudiation.

• Extinctive Prescription
• Contract Novation
• Cause Of Action
• Interruption Of Prescription
• Extinctive-prescription
• Contract-novation