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South Africa decisions
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Da Ribeira N.o and Others v Woudberg and Others (15203/2020) [2022] ZAWCHC 193; 2023 (1) SA 530 (WCC) (23 September 2022)
High Court exception and amendment dispute over whether a servitude holder may pipe a water furrow on servient land.
Genbiz Trading 1001 (Pty) Ltd trading as XEROX v Duplicate Properties (CA180/2017) [2018] ZAECGHC 106 (2 October 2018)
High Court appeal about a tenant’s duty to return leased premises in repair. The appeal failed because the tenant did not prove any later amendment or excuse for delay.
Giant Leap Workspace Specialists (Pty) Ltd v Scoin Trading (Pty) Ltd t/a The South African Gold Coin Exchange (2014/37464) [2016] ZAGPJHC 321 (23 November 2016)
High Court dismissed an exception to particulars of claim in a renovation dispute, finding the contract interpretation issue and pleading detail suitable for trial.
K.M v J.H (47545/2007, A427/2011) [2014] ZAGPPHC 1043 (25 November 2014)
The High Court dismissed an appeal over a disputed property agreement in a divorce matter, upholding the respondent’s 50% ownership claim and the costs order.
Bard Medical (Pty) Limited v Litha Medical (Pty) Limited T/A ICU Medical SA (12/36593) [2013] ZAGPJHC 321 (4 December 2013)
High Court contract dispute over an exclusive medical-device distribution agreement, competing products, minimum purchases, and an implied duty to deliver promptly.
Kroon and Another v Rens and Another (1331/2011) [2012] ZAECGHC 49 (14 June 2012)
The court found that the arbitrator, Rens, failed to disclose his prior advisory relationship with Hawkins, which created a reasonable apprehension of bias in the eyes of the applicants. This omission constituted misconduct under section 33(1) of the Arbitration Act. Additionally, Rens' amendments to the award after becoming functus officio and his decision to ignore the express terms of the contract in favour of an arbitrary method further supported the applicants' grounds for review. The court held that the statutory requirements for setting aside the award were met and that the applicants'…
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Thekweni Properties (Proprietary) Limited v Picardi Hotels Limited and Others (5516/2000) [2007] ZAKZHC 9; [2008] 1 All SA 172 (D); 2008 (2) SA 156 (D) (26 September 2007)
The court held that the cession clause in the mortgage bond constituted a cession in securitatem debiti, but the proviso requiring the bank's consent or a breach before acting on the cession suspended the operation of the transfer of rights. The plaintiff retained the right to collect and enforce payment of rentals until the suspensive condition was fulfilled. The parties' intention was not to deprive the plaintiff of its right to rental income during the currency of the bond. The amendment to the plea was allowed, as no irreparable prejudice was shown. The plaintiff was entitled to judgment…
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Trans-Natal Steenkoolkorporasie Bpk. v Merwe (1) (245/83) [1985] ZASCA 25 (21 May 1985)
The Supreme Court of Appeal found that the respondent failed to prove that the alleged misrepresentation was made by the appellant's officials at the meeting of 3 July 1979. The evidence showed that no express assurance was given that R360 per hectare would be the maximum compensation offered in the future. The respondent's belief was based on his own inference from statements made, not on any direct representation. The court held that, given the rising market prices and competitive pressures, it was unreasonable for the respondent to rely on such an inference. The appeal was upheld, and the…
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