South Africa Case Law

Mahlalerwa-Kgabo-Ergo v Cooperativa Muratori Cementisti Ravenna (Pty) Ltd t/a C.M.C di Ravenna (South Africa) (10058/2017)

Mahlalerwa-Kgabo-Ergo v Cooperativa Muratori Cementisti Ravenna (Pty) Ltd t/a C.M.C di Ravenna (South Africa) (10058/2017) [2018] ZAGPPHC 102 (14 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

10058/2017

Judge

Millar

The High Court refused an amendment to plead implied terms and enrichment claims, holding the subcontract set out the contract price expressly.

• Amendment Of Pleadings
• Implied Terms
• Contract Price
• Unjustified Enrichment
• Restitution
• Amendment-of-pleadings

Speedy Repro & Design v Khanyile and Others (8262/06)

Speedy Repro & Design v Khanyile and Others (8262/06) [2011] ZAKZDHC 38 (5 May 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

8262/06

Judge

Murugasen

The court found that the three defendants contracted with the plaintiff in their personal capacities as OBE Publishers, and did not sufficiently notify the plaintiff of any change to a close corporation. The evidence showed that the plaintiff performed the complete production of textbooks, including design, layout, and printing, as specified in Annexure A, and that the agreed contract price was R708 085.37. The defendants accepted delivery and invoices without dispute and made partial payments, but failed to pay the balance. The court rejected the defendants' version as improbable and unsuppo…

Source excerpt

• Oral Contract
• Personal Liability Of Members
• Contract Price
• Payment Terms
• Outsourcing
• Joint And Several Liability