South Africa Case Law

Montle and Neo Transport Service and Another v Engen Petroleum Limited and Another (20420/2022)

Montle and Neo Transport Service and Another v Engen Petroleum Limited and Another (20420/2022) [2023] ZAWCHC 212 (18 August 2023)

Court

Western Cape High Court, Cape Town

Case number

20420/2022

Judge

P. S. Van Zyl

The court found that the distribution agreement was terminated lawfully by the first respondent in terms of clause 5.2, which permitted termination on ninety days' written notice without the need for reasons. The applicants failed to distinguish between termination by notice and cancellation for breach, and their allegations regarding breach and motive were legally irrelevant. The applicants did not plead or prove any facts to support a public policy challenge to the termination clause or its enforcement, and their attempt to introduce such an argument in heads of argument was impermissible a…

Source excerpt

• Termination Of Contract
• Contractual Notice
• Public Policy Challenge
• Urgent Application
• Striking Out Scandalous Matter

Cato Ridge Gas Company (Pty) Limited v BP Southern Africa (Pty) Limited (2021/47033)

Cato Ridge Gas Company (Pty) Limited v BP Southern Africa (Pty) Limited (2021/47033) [2021] ZAGPJHC 527 (12 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/47033

Judge

Gilbert AJ

The applicant failed to establish a prima facie right to the interim interdictory relief sought. The lease agreement does not entitle the applicant to restrain the respondent from renovating the premises pending the sale and transfer of the business or mediation/arbitration. Clause 16.6 requires written notice of the projected completion date, which was provided, and the applicant was aware of the intended renovations. The applicant's reliance on fairness, reasonableness, and ubuntu as free-standing bases for relief is impermissible unless enforcement of the contract is contrary to public pol…

Source excerpt

• Lease Agreement
• Interim Interdict
• Contractual Notice
• Ubuntu Principle
• Mediation Clause

Batsalani Coral Investments (Pty) Ltd v CII Rental Pool Company Cape Town (Pty) Ltd (A140/2018)

Batsalani Coral Investments (Pty) Ltd v CII Rental Pool Company Cape Town (Pty) Ltd (A140/2018) [2020] ZAGPPHC 587 (27 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A140/2018

Judges

Fisher, Louw, Jordaan

The High Court upheld an appeal on withdrawal from a rental pool scheme, finding the income threshold was unmet and the withdrawal notice was effective.

• Contractual Notice
• Sectional Title Scheme
• Release From Rental Pool
• Commercial Formalism
• Interpretation Of Contracts
• Contractual-notice