Esheria South Africa Case Law
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South Africa Case Law

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Commercial And Corporate [2011] ZAWCHC 503

Tente Castors SA (Pty) Ltd v Lombaard and Another (12145/08)

Tente Castors SA (Pty) Ltd v Lombaard and Another (12145/08) [2011] ZAWCHC 503 (4 November 2011)

Court
Western Cape High Court, Cape Town
Case number
12145/08
Judge
Assheton-Smith

High Court enforcement of a suretyship turned on an ambiguous addendum about release of castors; the court applied contra proferentem against the defendants.

  • Suretyship
  • Contractual Ambiguity
  • Contra Proferentem
  • Payment Claim
  • Attorney And Client Costs
  • Contract-interpretation
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Commercial And Corporate [2011] ZASCA 51

Hyprop Investments Ltd and Another v Shoprite Checkers Ltd (315/10)

Hyprop Investments Ltd and Another v Shoprite Checkers Ltd (315/10) [2011] ZASCA 51 (30 March 2011)

Court
Supreme Court of Appeal
Case number
315/10
Judges
Nugent, Tshiqi, Plasket

The Supreme Court of Appeal held that a lease clause on rates increases was based on the first valuation of the completed building, not an interim valuation at lease commencement.

  • Lease Interpretation
  • Rates And Taxes Liability
  • Contractual Ambiguity
  • Pro Rata Liability
  • Lease-interpretation
  • Contractual-ambiguity
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.