South Africa Case Law

Sabi River Share Block (Pty) Ltd t/a Sabi River Sun Resort v Gold Data Holdings (Pty) Ltd (22755/23)

Sabi River Share Block (Pty) Ltd t/a Sabi River Sun Resort v Gold Data Holdings (Pty) Ltd (22755/23) [2025] ZAWCHC 298 (21 July 2025)

Court

Western Cape High Court, Cape Town

Case number

22755/23

Judge

Njokweni

The High Court dismissed an exception and Rule 30 application attacking breach of contract pleadings, finding the objections technical, prejudicial, and an abuse of process.

• Exception Procedure
• Breach Of Contract
• Pleading Requirements
• Irregular Step
• Contractual Damages
• Attorney And Client Costs

Van Heerden NO and Others v Pretorious NO and Another (1220/2023)

Van Heerden NO and Others v Pretorious NO and Another (1220/2023) [2025] ZAFSHC 169 (10 June 2025)

Court

Free State High Court, Bloemfontein

Case number

1220/2023

Judge

Majosi AJ

The High Court found the defendants breached a sheep rental agreement by failing to return 209 merino ewes, but dismissed claims for wool and progeny losses as too remote.

• Contractual Damages
• Breach Of Rental Agreement
• Causation
• Remoteness Of Damage
• Costs Award
• Contractual-damages

Anirudhra v Sefako Makgatho Health Sciences University (38965/2019)

Anirudhra v Sefako Makgatho Health Sciences University (38965/2019) [2025] ZAGPPHC 559 (26 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

38965/2019

Judge

HF Oosthuizen

The court found that the issues raised in the defendant's special plea of misjoinder are discrete and can be conveniently separated from the other issues in the action. There is no overlap of evidence between the conclusion of the incorporation agreement and the merits of the plaintiff's claim, which occurred years before the agreement and at a different institution. The plea of issue estoppel does not answer the special plea, as the prior judgment did not adjudicate the special plea and the defendant was not a party to the earlier proceedings. The court held that it is convenient for the spe…

Source excerpt

• Separation Of Issues
• Misjoinder
• Issue Estoppel
• Contractual Damages

Eastern Cape Motors (Pty) Ltd v Wolmerans (Appeal) (CA49/2024)

Eastern Cape Motors (Pty) Ltd v Wolmerans (Appeal) (CA49/2024) [2025] ZAECMKHC 34 (15 April 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA49/2024

Judges

Rugunanan, Mnqandi

The High Court upheld an appeal over a trade-in dispute, finding the respondent breached a warranty by misrepresenting a vehicle as a 2013 model when it was a 2005 model.

• Breach Of Warranty
• Misrepresentation
• Contractual Damages
• Caveat Subscriptor
• Pacta Sunt Servanda
• Breach-of-warranty

Mavis v United National Transport Union (2022/039818)

Mavis v United National Transport Union (2022/039818) [2025] ZAGPJHC 375 (3 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/039818

Judge

E Raubenheimer

The High Court dismissed an application challenging an exception procedure and proposed amendment, holding that dies non does not apply to Rule 23 notices.

• Exception Procedure
• Amendment Of Particulars Of Claim
• Dies Non
• Trade Union Duties
• Contractual Damages
• Civil-procedure

UASA obo Jonker and Others v Ekurhuleni Metropolitan Municipality (J1882/2017)

UASA obo Jonker and Others v Ekurhuleni Metropolitan Municipality (J1882/2017) [2025] ZALCJHB 22 (17 January 2025)

Court

Labour Court Johannesburg

Case number

J1882/2017

Judge

RN Daniels

The Labour Court held it lacked jurisdiction over a transport allowance claim founded on collective agreements, and struck the application from the roll.

• Collective Agreement Enforcement
• Jurisdiction Of Labour Court
• Contractual Damages
• Interpretation Of Collective Agreements
• Labour-court-jurisdiction
• Collective-agreements

Swissport South Africa (Pty) Ltd v Cemair (Pty) Ltd (2023-067763)

Swissport South Africa (Pty) Ltd v Cemair (Pty) Ltd (2023-067763) [2024] ZAGPJHC 1266 (10 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-067763

Judge

L. Windell

The applicant established ownership of the equipment, its continued existence and identifiability, and the respondent's possession at the time of the application. The respondent failed to prove the existence of a tacit lease agreement, as there was no unequivocal conduct or consensus between the parties after the expiry of the written Equipment Lease Agreement. The respondent's claim of a right of retention based on alleged damages and repairs was unsupported by evidence and contradicted by the correspondence and conduct of the parties. The respondent's defence of a tacit agreement was found…

Source excerpt

• Rei Vindicatio
• Lease Agreement
• Tacit Contract
• Right Of Retention
• Contractual Damages

Walser Wine Projects (Pty) Ltd v Wine Machinery Group (Pty) Ltd (18693/2020)

Walser Wine Projects (Pty) Ltd v Wine Machinery Group (Pty) Ltd (18693/2020) [2024] ZAWCHC 439 (6 December 2024)

Court

Western Cape High Court, Cape Town

Case number

18693/2020

Judge

A Kantor

The court found that the plaintiff failed to prove on a balance of probabilities that the wine filler was defective due to improper pickling and passivation, or that iron or rust from the filler caused the oxidation and spoilage of the wines. Expert evidence established that iron acts only as a catalyst and does not cause oxidation unless oxygen is present, and the levels of iron detected in the wines were below internationally accepted limits. The plaintiff did not demonstrate that the rust observed was attributable to a manufacturing defect, nor did it establish the necessary causal link be…

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• Latent Defect
• Implied Warranty Of Quality
• Consequential Damages
• Causation
• Contractual Damages

Majola and Another v Investage 183 (Pty) Limited and Another (2023/050639)

Majola and Another v Investage 183 (Pty) Limited and Another (2023/050639) [2024] ZAGPJHC 1260 (6 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/050639

Judge

C Todd

The High Court granted condonation for a late leave-to-appeal application but dismissed it, finding no reasonable prospects of success on rescission or damages.

• Condonation For Late Filing
• Default Judgment
• Rescission Of Judgment
• Contractual Damages
• Lease Agreement
• Costs Order

Tiger Consumer Brands Limited v Sandragasan and Others (1955/2023P)

Tiger Consumer Brands Limited v Sandragasan and Others (1955/2023P) [2024] ZAKZPHC 99 (31 October 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1955/2023P

Judge

Mlaba

The court found that the plaintiff's amended particulars of claim, together with the overcharge schedule, identified the products, periods, amounts charged, and estimated overcharges with sufficient particularity. The defendants, being intimately involved in the transactions and industry, are able to reasonably assess the quantum and respond to the claim. The court distinguished this case from Boxer Superstores, noting that the plaintiff here provided more detail and specificity. The exceptions raised by the defendants were found to be repetitive and not sustainable, as the pleadings were not…

Source excerpt

• Contractual Damages
• Fraud And Corruption
• Reckless Trading
• Close Corporations Act
• Pleading Requirements
• Quantification Of Damages