South Africa Case Law

Kucer v De Kuile Boerdery CC (7573/2022)

Kucer v De Kuile Boerdery CC (7573/2022) [2025] ZALMPPHC 36 (19 February 2025)

Court

Limpopo High Court, Polokwane

Case number

7573/2022

Judge

Bresler AJ

The Court found that the Plaintiff failed to discharge the onus of proving the existence of a partnership agreement on a balance of probabilities. The evidence and documentation presented were susceptible to a reasonable alternative interpretation, namely that of an employer/employee or employer/contractor relationship. The Plaintiff's own instructions to his tax consultant and the accounting records did not support the existence of a partnership. The absence of separate partnership accounting and the lack of unequivocal conduct consistent only with a partnership led the Court to conclude tha…

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• Partnership Agreement
• Oral Contract
• Burden Of Proof
• Profit Sharing
• Contractual Intent

Bearing International, A Division of Hudaco Trading (Pty) Ltd v Treherne and Another (4113/2023)

Bearing International, A Division of Hudaco Trading (Pty) Ltd v Treherne and Another (4113/2023) [2024] ZAMPMBHC 68 (9 September 2024)

Court

Mbombela High Court, Mpumalanga

Case number

4113/2023

Judge

Mashile

The High Court held that a restraint of trade bound the company, not its director personally, and dismissed the application for a final interdict with costs.

• Restraint Of Trade
• Agency Agreement Interpretation
• Contractual Intent
• Final Interdict
• Restraint-of-trade
• Contract-interpretation

Abrahams v Muslim Judicial Council (MJC) [SA] and Others (1986/2024)

Abrahams v Muslim Judicial Council (MJC) [SA] and Others (1986/2024) [2024] ZAWCHC 52 (22 February 2024)

Court

Western Cape High Court, Cape Town

Case number

1986/2024

Judge

Joubert, AJ

The applicant failed to prove beyond reasonable doubt that the respondents' conduct amounted to contempt of court. The evidence presented, including contemporaneous correspondence and the payment records, did not sufficiently support the applicant's version that no binding oral agreement was reached. The respondents provided confirmatory affidavits and payment records indicating their belief in a binding settlement. Applying the Plascon-Evans rule, the disputes of fact could not be resolved in the applicant's favour on the papers. The application was therefore dismissed.

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• Contempt Of Court
• Settlement Agreement
• Contractual Intent
• Motion Proceedings

Mphati Business Enterprise (Pty) Ltd v Sizakele Consultants CC t/a Colandra Construction (5484/2016)

Mphati Business Enterprise (Pty) Ltd v Sizakele Consultants CC t/a Colandra Construction (5484/2016) [2019] ZAFSHC 8 (22 February 2019)

Court

Free State High Court, Bloemfontein

Case number

5484/2016

Judge

M A Mathebula

The court found that the parties entered into a joint venture agreement, based on their conduct, discussions, and partial implementation of the agreement's terms. The absence of a signed written document did not negate the existence of the agreement, as the parties acted in accordance with its terms and did not communicate any disapproval. The defendant's reliance on statutory procurement requirements and the General Conditions of Contract was misplaced, as these provisions did not apply to the relationship between two private entities. The defendant's evidence was found unreliable and evasiv…

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• Joint Venture Agreement
• Contractual Intent
• Oral And Written Contracts
• Burden Of Proof
• Costs Order

Nedbank Limited v Nkosi (60571/2014)

Nedbank Limited v Nkosi (60571/2014) [2018] ZAGPPHC 796 (26 October 2018)

Court

North Gauteng High Court, Pretoria

Case number

60571/2014

Judge

Janse van Nieuwenhuizen

The High Court held that a defendant who signed an instalment sale agreement without reading it remained bound by it under caveat subscriptor.

• Instalment Sale Agreement
• Caveat Subscriptor
• Fraud
• Contractual Intent
• Instalment-sale-agreement
• Caveat-subscriptor

Badenhorst NO v Goosen en 'n Ander (1432/2011)

Badenhorst NO v Goosen en 'n Ander (1432/2011) [2015] ZAGPPHC 668 (25 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

1432/2011

Judge

C Pretorius

The court found that the plaintiff, as executor, failed to prove on a balance of probabilities that the R345,000 transferred by the deceased to the defendants was a loan. The evidence showed no written loan agreement, no terms of repayment or interest, and no corroboration from other witnesses. The deceased's documented practice was to record loans in writing, which was absent in this case. The defendants provided credible testimony that the amount was a donation, conditional on the deceased receiving accommodation and care. The court held that the presumption against donations did not shift…

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• Burden Of Proof
• Donation
• Contractual Intent
• Succession
• Onus Of Proof

Mirchandani v Unica Iron And Steel (Pty) Ltd and Another (2846/2011)

Mirchandani v Unica Iron And Steel (Pty) Ltd and Another (2846/2011) [2014] ZAGPPHC 315 (4 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

2846/2011

Judge

Matojane

The court found that the handwritten agreement signed on 28 September 2010 was a completed and binding contract, not a provisional document subject to further formalisation. The conduct of the parties following the agreement, including the Plaintiff vacating his office, transferring responsibilities, and receiving partial payment, demonstrated their intention to be bound by its terms. The court interpreted the word 'net' in the agreement to mean the Plaintiff was to receive the specified amount after tax, allowances, and deductions, rejecting the Defendants' contention that it meant 'cash.' T…

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• Specific Performance
• Contractual Intent
• Interpretation Of Contracts
• Employment Settlement
• Profit Sharing
• Transfer Of Property

Delute Investments CC v Mkambati Collection (Pty) Ltd (669/2012)

Delute Investments CC v Mkambati Collection (Pty) Ltd (669/2012) [2012] ZAECGHC 15 (5 April 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

669/2012

Judge

N Dambuza

The High Court dismissed a winding-up application, holding that the alleged debt was genuinely disputed and the written agreement was not shown to be binding.

• Winding Up
• Companies Act 1973
• Bona Fide Dispute
• Contractual Intent
• Winding-up
• Companies-act-1973

Maize Board v Hart (2726/1996)

Maize Board v Hart (2726/1996) [2004] ZAFSHC 109 (18 November 2004)

Court

Free State High Court, Bloemfontein

Case number

2726/1996

Judge

Hancke

The High Court held that the Maize Board failed to prove that lease and management agreements were simulated transactions to evade maize levies.

• Simulated Transactions
• Onus Of Proof
• Levy Evasion
• Contractual Intent
• Simulated-transactions
• Onus-of-proof

Auto Vita v Monumental Art Co (340/89)

Auto Vita v Monumental Art Co (340/89) [1991] ZASCA 28 (26 March 1991)

Court

Supreme Court of Appeal

Case number

340/89

Judges

Hefer, Steyn, Goldstone

The Supreme Court of Appeal upheld a claim for R17,500, finding the oral agreement required payment on receipt and that the appellant could not stop the cheque.

• Oral Contract
• Payment Obligation
• Cheque Stoppage
• Contractual Intent
• Oral-contract
• Payment-obligation