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South Africa Case Law

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Last checked: 9 Oct 2026, 17:49 UTC

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20 Jun 2025

Commercial And Corporate [2025] ZAECELLC 16

Totalgaz Southern Africa (Pty) Ltd v Rhyder Investments CC t/a DTB Sales and Another (EL809/2024)

Totalgaz Southern Africa (Pty) Ltd v Rhyder Investments CC t/a DTB Sales and Another (EL809/2024) [2025] ZAECELLC 16 (20 June 2025)

Court: Eastern Cape High Court, East London Local Court
Case number: EL809/2024
Judge: Zono

The court found that the applicant and respondents were bound by an industry standard cylinder exchange arrangement, which contractually permitted temporary possession of competitors' cylinders. The applicant was obliged to exhaust contractual remedies, including payment of the agreed deposit value for cylinders, before seeking judicial intervention. The respondents were not in unlawful possession absent payment and refusal to release cylinders. The applicant's approach to court for an interdict on possession was unnecessary and premature. However, the respondents' filling and distribution of…

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Dealer Agreement
Industry Standard Cylinder Exchange
Interdict
Occupational Health And Safety
Contractual Obligation
Costs Order

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20 Feb 2023

Commercial And Corporate [2023] ZAFSHC 56

Raubex/Nodoli Construction Joint Venture v MEC: Free State Department of Police, Roads and Transport (2288/2022)

Raubex/Nodoli Construction Joint Venture v MEC: Free State Department of Police, Roads and Transport (2288/2022) [2023] ZAFSHC 56 (20 February 2023)

Court: Free State High Court, Bloemfontein
Case number: 2288/2022
Judge: C Reinders

The court held that the adjudicator's award under the NEC3 contract is binding and enforceable as a contractual obligation unless and until revised by the tribunal. The referral of the dispute to arbitration does not suspend the obligation to pay the amounts awarded by the adjudicator. The Supreme Court of Appeal in Framatome v Eskom Holdings SOC Ltd clarified that adjudication awards must be enforced pending arbitration, and the absence of 'promptly' or 'without undue delay' wording in the NEC3 clause does not affect this principle. The respondent did not challenge the adjudicator's jurisdic…

Source excerpt

Construction Contracts
Adjudication Award Enforcement
Dispute Resolution Clauses
Arbitration Pending
Contractual Obligation

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28 Oct 2022

Civil Procedure [2022] ZAGPJHC 841

Thokan v Kriegler and Another (40781/18)

Thokan v Kriegler and Another (40781/18) [2022] ZAGPJHC 841 (28 October 2022)

Court: South Gauteng High Court, Johannesburg
Case number: 40781/18
Judge: E F Dippenaar

The court found that the applicant failed to demonstrate reasonable prospects of success for an appeal against the costs order and the upholding of the second special plea. The plaintiff had conceded at trial that he was not entitled to the relief sought in prayer A, and the costs order followed the result. The court exercised its discretion judicially, applying the correct principles and considering the relevant facts. No material misdirection was shown, and the authorities cited by the applicant were distinguishable or not applicable. The application for leave to appeal was therefore dismis…

Source excerpt

Leave To Appeal
Costs Discretion
Special Plea
Contractual Obligation
Party And Party Costs

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30 May 2022

Civil Procedure [2022] ZAGPJHC 364

Nedbank Ltd v Forbes (2020/41706)

Nedbank Ltd v Forbes (2020/41706) [2022] ZAGPJHC 364 (30 May 2022)

Court: South Gauteng High Court, Johannesburg
Case number: 2020/41706
Judge: Baloyi

The High Court granted summary judgment for Nedbank against a former employee for repayment of mistaken overpayments, plus interest and party-and-party costs.

Summary Judgment
Undue Enrichment
Contractual Obligation
Prescription Act
Fiduciary Duty
Interest On Liquidated Amount

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27 Jul 2021

Civil Procedure [2021] ZAGPJHC 102

Hageman NO and Another v Wilgeheuwel Aftree-oord (Pty) Ltd (2020/22358)

Hageman NO and Another v Wilgeheuwel Aftree-oord (Pty) Ltd (2020/22358) [2021] ZAGPJHC 102 (27 July 2021)

Court: South Gauteng High Court, Johannesburg
Case number: 2020/22358
Judge: S D J Wilson

Summary judgment was granted after the court found the defendant had not fully disclosed a bona fide defence under Rule 32 in a life-right repayment dispute.

Summary Judgment
Life Right Agreement
Liquidated Demand
Contractual Obligation
Termination Of Agreement
Summary-judgment

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22 Jul 2021

Commercial And Corporate [2021] ZAGPPHC 478

Monametsi v Miway Insurance (83091/2019)

Monametsi v Miway Insurance (83091/2019) [2021] ZAGPPHC 478 (22 July 2021)

Court: North Gauteng High Court, Pretoria
Case number: 83091/2019
Judge: K J Mogale

The High Court dismissed a claim for specific performance against Miway Insurance, finding the insured drove above a 60km/h limit and failed to take reasonable care.

Insurance Contract
Specific Performance
Repudiation
Reasonable Care
Contractual Obligation
Insurance-contract

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28 Jun 2021

Commercial And Corporate [2021] ZASCA 94

Sasol South Africa (Pty) Ltd v Murray & Roberts Limited (425/2020)

Sasol South Africa (Pty) Ltd v Murray & Roberts Limited (425/2020) [2021] ZASCA 94 (28 June 2021)

Court: Supreme Court of Appeal
Case number: 425/2020
Judges: Saldulker, Zondi, Ledwaba, Gorven, Potterill

The Supreme Court of Appeal held that the adjudicator's decision on Dispute 16 was contractually binding and enforceable against Sasol. The adjudicator acted within his powers by reviewing the project manager's refusal to implement the arbitration award and applying the principles established by the arbitrator. The timing and receipt of additional information were permitted under the adjudicator's contract, which prevailed in case of conflict with the construction contract. Sasol's procedural objections regarding jurisdiction and timing were rejected, as the adjudicator delivered his decision…

Source excerpt

Construction Contracts
Arbitration Award Enforcement
Adjudication Procedure
Contractual Obligation
Interest On Judgments

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11 Sept 2020

Commercial And Corporate [2020] ZAGPJHC 442

Aveng (Africa) (Proprietary) Limited v Eskom Holdings SOC Limited and Another (19/28187)

Aveng (Africa) (Proprietary) Limited v Eskom Holdings SOC Limited and Another (19/28187) [2020] ZAGPJHC 442 (11 September 2020)

Court: South Gauteng High Court, Johannesburg
Case number: 19/28187
Judge: J.J. Reyneke

The High Court ordered Eskom to pay an adjudicated claim amount to Aveng, rejecting Eskom’s argument that Treasury approval and internal processes made payment conditional.