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South Africa decisions
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Shames N.O and Another v Ethekwini Municipality (7437/2016) [2024] ZAKZDHC 98 (6 December 2024)
The court upheld the plaintiffs’ claim, finding the cession agreement valid and rejecting the municipality’s debtor-consent objection.
Bosch Munitech (Pty) Ltd v Govan Mbeki Municipality (33425/16) [2024] ZAGPPHC 531 (6 June 2024)
The court found that the defendant's legality challenge to the contract was unduly delayed, with no explanation provided for the seven-year lapse between contract conclusion and initiation of review proceedings. The court exercised its discretion not to condone the delay, noting that the defendant had always been aware of the contract and had acted in a manner consistent with its validity, including making payments and ratifying the agent's conduct. The plaintiff's version was accepted, as the defendant presented no evidence to refute it. The contract was held to be valid, and the defendant's…
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Rataemane NO v SANTU Mofokeng Foundation N.P.C and Others (30124/2019) [2023] ZAGPJHC 1058 (21 September 2023)
The High Court held that the executor failed to prove Mr Santu Mofokeng lacked mental capacity when he donated his artworks to a foundation.
Marble & Granite Designs C and Another v Custom Capital Finance (Pty) Ltd (A101/2021) [2022] ZAFSHC 201 (15 August 2022)
The High Court dismissed an appeal over a rental agreement for PABX equipment, holding the appellants were bound by their signatures and the contract was enforceable.
Siemens (Pty) Ltd v Passenger Rail Agency of South Africa (19845/2021) [2022] ZAGPPHC 587 (15 July 2022)
The High Court held Siemens’ payment claim against PRASA had prescribed and, in any event, the underlying agreement was unlawful and unenforceable.
Abrina 3765 (Pty) Ltd t/a BMW Sandton v Zascotime (Pty) Ltd (35714/2020) [2022] ZAGPJHC 117 (23 February 2022)
The High Court granted leave to appeal after finding some prospects that an appeal court could reach a different view on material non-disclosure and contract validity.
Ringopro (Pty) Limited v Winter Castle Trading 44 (Pty) Limited and Others (698/2016) [2021] ZANWHC 3 (9 March 2021)
High Court held an aircraft lease with Winter Castle was valid, rejected defences based on AOC issues, and granted damages, interest, and punitive costs.
Namacara Investments CC v Smiley Kids and Another (4621/2019) [2020] ZAFSHC 35 (27 February 2020)
The High Court dismissed an application to confirm cancellation of a lease and eject the respondents, finding a material dispute of fact and no proven authority to sue.
MNI Transport and Another v Sokwali (2073/2018) [2019] ZAECGHC 39 (2 April 2019)
The court dismissed a bid to set aside a written vehicle sale agreement, finding it clear, valid, and binding, and granted counter relief for transfer.
Abrinah 7804 (Pty) Ltd v Kapa Koni Investment CC (717/2016) [2017] ZANCHC 1 (13 January 2017)
Leave to appeal was refused because the applicant showed no reasonable prospects of success on the validity and cancellation of the contract.
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