South Africa Case Law

Wesbank a division of Firstrand Bank Limited v Blackatunity Proprietary Limited and Another (2024/004956)

Wesbank a division of Firstrand Bank Limited v Blackatunity Proprietary Limited and Another (2024/004956) [2025] ZAGPJHC 673 (5 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/004956

Judge

Pearse AJ

The court found that the respondents' defence regarding the proper interpretation of the cancellation clause in the instalment sale agreement raised a bona fide triable issue. Specifically, the respondents' argument that the applicant was contractually obliged to give notice of breach before cancellation, and that the agreement's clause 11.1 could reasonably be interpreted as requiring a two-step process, was not without substance and could succeed at trial. The court held that it was undesirable to terminate the litigation at the summary judgment stage when such a defence existed. The court…

Source excerpt

• Instalment Sale Agreement
• Rectification
• Summary Judgment
• Contractual Cancellation
• National Credit Act Compliance

SA Bulk Commodity Trading and Storage Services (Pty) Ltd v Sheng Teng (Pty) Ltd (2024/124871)

SA Bulk Commodity Trading and Storage Services (Pty) Ltd v Sheng Teng (Pty) Ltd (2024/124871) [2025] ZAGPJHC 155 (21 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/124871

Judge

E Raubenheimer

The High Court granted urgent eviction relief after finding repeated lease breaches, electrical non-compliance, and a valid cancellation of the commercial lease.

• Eviction Of Commercial Tenant
• Urgent Interdict
• Lease Agreement Breach
• Electrical Compliance
• Contractual Cancellation
• Municipal Services Dispute

VCED Maintenance Group (Pty) Ltd v Phoenix Tanks (Pty) Ltd (3205/19)

VCED Maintenance Group (Pty) Ltd v Phoenix Tanks (Pty) Ltd (3205/19) [2025] ZANWHC 9 (14 January 2025)

Court

North West High Court, Mafikeng

Case number

3205/19

Judge

O.Y Dibetso-Bodibe

The court found the defendant breached an oral tank-supply contract, ordered repayment of the deposit, and dismissed claims for extra damages and lost profit.

• Breach Of Contract
• Repudiation
• Quantification Of Damages
• Contractual Cancellation
• Breach-of-contract
• Rescission

ABSA Bank Limited v Best Accounts and Tax Professionals (Pty) Ltd and Others (030535/2022)

ABSA Bank Limited v Best Accounts and Tax Professionals (Pty) Ltd and Others (030535/2022) [2024] ZAGPJHC 640 (15 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

030535/2022

Judge

F Bezuidenhout

The High Court granted summary judgment for ABSA on an overdraft claim, rejecting Uniform Rule 17, NCA, cancellation, and counterclaim defences.

• Summary Judgment
• National Credit Act
• Contractual Cancellation
• Suretyship Liability
• Rule 17 Compliance
• Counterclaim Defence

Mix Telematics Enterprise SA (Pty) Ltd v Logic Logistics Group (Pty) Ltd (2023/011581)

Mix Telematics Enterprise SA (Pty) Ltd v Logic Logistics Group (Pty) Ltd (2023/011581) [2023] ZAGPJHC 1276 (8 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/011581

Judge

Ian Green

The High Court granted summary judgment for unpaid past service fees, but allowed the defendant to defend the claim for future fees after disputing cancellation.

• Contractual Cancellation
• Summary Judgment
• Specific Performance
• Attorney And Client Costs
• Summary-judgment
• Contract-cancellation

Adlam v Fabri South Africa (Pty) Ltd (A5009/2021;42702/2019)

Adlam v Fabri South Africa (Pty) Ltd (A5009/2021;42702/2019) [2022] ZAGPJHC 206; [2022] HIPR 189 (GJ) (8 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5009/2021;42702/2019

Judges

Mdalana-Mayisela, Opperman, Meersingh

The High Court held that custom-designed kitchen and furniture goods were special-order goods, so the CPA cancellation right did not apply. The appeal was dismissed.

• Consumer Protection Act
• Special Order Goods
• Contractual Cancellation
• Repudiation
• Refunds
• Cancellation Charges

Nedbank Limited v Khoza and Another (31321/2018)

Nedbank Limited v Khoza and Another (31321/2018) [2019] ZAGPJHC 491 (29 November 2019)

Court

South Gauteng High Court, Johannesburg

Case number

31321/2018

Judge

BE Leech

The application for leave to appeal is dismissed because the respondents failed to challenge the relevant contractual clauses during the main application and did not provide any factual basis for their constitutional arguments. The clauses relied upon by the applicant fall within a lex commissoria, and materiality was agreed between the parties. There is no reasonable prospect that another court would find differently, as the respondents did not establish that enforcement of the contractual provisions violated their constitutional rights. The property is not the first respondent's primary res…

Source excerpt

• Leave To Appeal
• Contractual Cancellation
• Lex Commissoria
• Constitutional Rights In Contract
• Special Executability

Fournews Developments (Pty) Ltd v Brand Contact Consultant CC (A5060/2018)

Fournews Developments (Pty) Ltd v Brand Contact Consultant CC (A5060/2018) [2019] ZAGPJHC 371 (27 August 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A5060/2018

Judges

FHD Van Oosten, R Keightley, A Crutchfield

The High Court held that Fournews did not repudiate a franchise agreement, finding its payment demands were conditional and aimed at securing performance.

• Repudiation Of Contract
• Franchise Agreements
• Damages For Breach
• Contractual Cancellation
• Repudiation-of-contract
• Franchise-agreements

Leopont 471 (Pty) Ltd v Business School Support Services (Pty) Ltd and Others (23953/12)

Leopont 471 (Pty) Ltd v Business School Support Services (Pty) Ltd and Others (23953/12) [2015] ZAWCHC 88 (11 June 2015)

Court

Western Cape High Court, Cape Town

Case number

23953/12

Judge

N P Boqwana

High Court exception dismissed where the plaintiff pleaded a new agreement for a preference share and was not bound by the earlier contract’s non-variation clause.

• Preference Share Rights
• Novation Of Contract
• Non Variation Clause
• Exception Procedure
• Estoppel
• Contractual Cancellation

Cargo Carriers Limited v Mootso Investments 9 Close Corporation (56138/2014)

Cargo Carriers Limited v Mootso Investments 9 Close Corporation (56138/2014) [2014] ZAGPPHC 952 (8 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

56138/2014

Judge

Kubushi

Summary judgment was refused in a commercial sale dispute because the defendant disclosed bona fide defences, including ownership, damages, and latent defects.

• Summary Judgment
• Liquidated Claim
• Contractual Cancellation
• Latent Defects
• Ownership Dispute
• Summary-judgment