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Castcrete (Pty) Ltd v Assasi Bhams Investments (Pty) Ltd (2328/2017) [2022] ZANWHC 51 (20 October 2022)
The High Court dismissed a seller’s claim for unpaid roof tiles after finding the plaintiff failed to prove the debt and its reconciliation was unreliable.
Naude v Aucor (Sandton) Pty Ltd (27784/2006) [2010] ZAGPPHC 12 (5 February 2010)
The court found that Holburn had implied authority to bind the defendant in the commission agreement with the plaintiff. The evidence demonstrated that Holburn acted as an agent of the defendant, used the defendant's resources, and corresponded on official letterheads. The plaintiff was the effective cause of the sale, having introduced the buyer and facilitated the transaction. The defendant's witnesses were evasive and failed to provide credible evidence to rebut the plaintiff's version. The indemnity signed by Dall further supported the existence of authority. On a balance of probabilities…
Source excerpt
L & P Plant Hire BK and Others v Bosch and Others (525/2000) [2001] ZASCA 147; 2002 (2) SA 662 (SCA) (29 November 2001)
The Supreme Court of Appeal upheld contractual claims against the close corporations but set aside personal liability orders against Basilio and Alves under section 64.
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