Green and Another v Free State Development Corporation and Others (2103/2022) [2022] ZAFSHC 211 (24 August 2022)
Court
Free State High Court, Bloemfontein
Case number
2103/2022
Judge
Africa
The High Court ordered transfer of immovable property to the applicants after finding they had complied with the sale agreement and municipal clearance obligations.
Eskom Holdings SOC Ltd v Santam Ltd and Another (44268/19) [2022] ZAGPJHC 1045 (12 August 2022)
Court
South Gauteng High Court, Johannesburg
Case number
44268/19
Judge
Vally
The High Court held that Eskom’s demand under a performance guarantee complied with all contractual requirements, and ordered Santam to pay the guaranteed sum plus interest and costs.
Recycling and Economic Development Initiative of South Africa NPC v Pirelli Tyre (Pty) Ltd (69164/2019) [2022] ZAGPPHC 247 (19 April 2022)
Court
North Gauteng High Court, Pretoria
Case number
69164/2019
Judge
Sardiwalla
The court found that the respondent was contractually and statutorily obliged to pay the waste tyre management fee under the REDISA Plan and Deed of Adherence. The respondent did not dispute its indebtedness or the quantum but raised a collateral challenge regarding the lawfulness of the fee, alleging the applicant failed to review the fee annually and consult with consumer bodies. The court held that the REDISA Plan did not impose an absolute obligation on the applicant to include the respondent in the review process, and the applicant had complied with its notification obligations. The resp…
National Lotteries Commission v Ithuba Holdings (Pty) Ltd and Others (54314/2021) [2021] ZAGPPHC 820 (3 December 2021)
Court
North Gauteng High Court, Pretoria
Case number
54314/2021
Judge
Neukircher
The High Court granted an urgent interim interdict stopping Ithuba from implementing a Paytronix lottery system pending a review, citing licence compliance and public harm.
Minister of Trade and Industry & Another v Murendi Properties and Building Supplies (Pty) Ltd (1293/2019) [2021] ZASCA 53 (28 April 2021)
Court
Supreme Court of Appeal
Case number
1293/2019
Judges
Wallis, Makgoka, Mbatha, Weiner, Rogers
The Supreme Court of Appeal found that Murendi Properties and Building Supplies (Pty) Ltd had substantially complied with all mandatory requirements for payment of the grant under the Black Industrialist Scheme. The respondent provided a valid BBBEE certificate, which remained valid until set aside or expired, and the DTI failed to prove otherwise or to resolve the appeal against its withdrawal. The court held that costs had been incurred through upfront payments to suppliers, and that the claim was not premature, as the scheme did not require delivery of assets before disbursement. The DTI's…
Mwezi Service Station CC v Rustenburg Local Municipality and Others (M62/2017) [2018] ZANWHC 2 (8 March 2018)
Court
North West High Court, Mafikeng
Case number
M62/2017
Judge
M M Leeuw
The applicant failed to prove beyond reasonable doubt that the Municipality or the Executive Mayor acted in contempt of the court order. The evidence shows that the rezoning process was initiated and is subject to municipal procedures, with delays not amounting to wilful defiance. The construction activities undertaken are consistent with the current zoning as 'existing public road', and the superstructure for the central bus station has been postponed pending rezoning. The contract for the RRT project does not conflict with permitted land uses, as the works are limited to substructure and se…
All Teckline Contractors Incorporated v Mutual and Federal Insurance Company Limited (37706/15) [2017] ZAGPJHC 272 (18 September 2017)
Court
South Gauteng High Court, Johannesburg
Case number
37706/15
Judge
Nkosi
The court found that the applicant's demand for payment under the guarantee was made in writing, on its letterhead, and complied substantially and materially with the requirements of the guarantee. The respondent's argument that the demand failed to specify payment circumstances was rejected, as the letterhead and content clearly indicated the applicant's entitlement. The guarantee was an on-demand instrument, creating a primary obligation independent of the underlying contract. The only exception to payment would be fraud, which was not established or pleaded with sufficient clarity. The thi…
Kristabel Developments (Pty) Ltd v Credit Guarantee Insurance Corporation of Africa Limited (23125/2014) [2015] ZAGPJHC 264 (20 October 2015)
Court
South Gauteng High Court, Johannesburg
Case number
23125/2014
Judge
Satchwell
Court held there was no novation of a credit guarantee, delivery of cancellation before demand was sufficient, and the guarantor waived a compliance objection.
