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South Africa Case Law

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Civil Procedure [2019] ZAGPJHC 241

SAP Societas Europaea (SAP) v Systems Applications Consultants (Pty) Ltd t/a Securinfo and Another (20378/2008)

SAP Societas Europaea (SAP) v Systems Applications Consultants (Pty) Ltd t/a Securinfo and Another (20378/2008) [2019] ZAGPJHC 241 (1 August 2019)

Court
South Gauteng High Court, Johannesburg
Case number
20378/2008
Judge
Tsoka

The High Court refused to separate a special plea on SAC’s locus standi, holding the issue was inseparable from the merits of whether SAC was a party to the SDA.

  • Rule 33 4 Separation Of Issues
  • Locus Standi
  • Contractual Identity
  • Special Plea
  • Company Law
  • Falsa Demonstratio Non Nocet
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Civil Procedure [2014] ZAGPPHC 389

Brain Services CC v City of Tshwane Municipality (12808/2014)

Brain Services CC v City of Tshwane Municipality (12808/2014) [2014] ZAGPPHC 389 (23 June 2014)

Court
North Gauteng High Court, Pretoria
Case number
12808/2014
Judge
Makgoka

The High Court refused summary judgment after finding a bona fide defence over who actually contracted with the municipality.

  • Summary Judgment
  • Bona Fide Defence
  • Contractual Identity
  • Leave To Defend
  • Summary-judgment
  • Bona-fide-defence
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Commercial And Corporate [2012] ZAGPPHC 288

Van Der Merwe v Anastaci Projects (A668/07)

Van Der Merwe v Anastaci Projects (A668/07) [2012] ZAGPPHC 288 (13 November 2012)

Court
North Gauteng High Court, Pretoria
Case number
A668/07
Judges
MJ Teffo, KE Matojane

The High Court dismissed an appeal over a mistaken double payment, finding the contract was with a close corporation, not the appellant personally.

  • Unjust Enrichment
  • Unjustified Enrichment
  • Double Payment
  • Counterclaim
  • Contractual Identity
  • Onus Of Proof
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Commercial And Corporate [2011] ZAWCHC 239

Rusking Real Estate v Gaussian Resources (Pty) Ltd (6327/2008)

Rusking Real Estate v Gaussian Resources (Pty) Ltd (6327/2008) [2011] ZAWCHC 239 (26 May 2011)

Court
Western Cape High Court, Cape Town
Case number
6327/2008
Judge
S.J. Koen

Application for leave to appeal dismissed with costs after the court held the defendant had no reasonable prospects of showing the commission contract was invalid.

  • Contractual Identity
  • Commission Agreement
  • Enforceability Of Contract
  • Mistake In Contracting Party
  • Contract-law
  • Commission-agreement
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.