South Africa Case Law

Endecon Ubuntu (Pty) Ltd v Mopani District Municipality (14/2015)

Endecon Ubuntu (Pty) Ltd v Mopani District Municipality (14/2015) [2023] ZALMPPHC 38 (14 June 2023)

Court

Limpopo High Court, Polokwane

Case number

14/2015

Judge

K.L. Pillay

The court found that there is a material dispute of fact between the parties regarding the period of service, the amount due, the authority of officials, and the documentation supporting the claim. These disputes are substantial and cannot be resolved on affidavit alone. In the interests of justice and fairness, the court exercised its discretion under Rule 6(5)(g) of the Uniform Rules to refer the matter to trial, where evidence can be properly tested under cross-examination. The application is not dismissed but converted to action proceedings, with the affidavits standing as pleadings. Cost…

Source excerpt

• Promotion Of Administrative Justice Act
• Prescription Act
• Municipal Management Act
• Contractual Payment Dispute
• Dispute Of Fact
• Referral To Trial

Moving Forward Trading and Projects 154 CC v Canaan Electrical Contractors (Pty) Ltd (44333/2021)

Moving Forward Trading and Projects 154 CC v Canaan Electrical Contractors (Pty) Ltd (44333/2021) [2022] ZAGPPHC 709 (20 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

44333/2021

Judge

S.M Mfenyana

Summary judgment was refused because the respondent disclosed bona fide defences, including prematurity of the claim and a set-off dispute requiring trial.

• Summary Judgment
• Contractual Payment Dispute
• Set Off
• Premature Claim
• Summary-judgment
• Set-off

Procare Outsourcing (Pty) Ltd and Another v PGR Management t/a Palm Garden Retreat Management (Pty) Ltd and Others (10676/2020)

Procare Outsourcing (Pty) Ltd and Another v PGR Management t/a Palm Garden Retreat Management (Pty) Ltd and Others (10676/2020) [2020] ZAWCHC 113 (20 August 2020)

Court

Western Cape High Court, Cape Town

Case number

10676/2020

Judge

Norton

High Court held section 197 Labour Relations Act issues fall within Labour Court jurisdiction, but granted payment for July 2020 sales orders and rejected set-off.

• Section 197 Transfer
• Outsourcing Agreements
• Jurisdiction Of Labour Court
• Set Off
• Urgent Interdict
• Contractual Payment Dispute

Bloemfontein Correctional Contracts (Pty) Ltd v The Minister For The Department of Correctional Services and Others

Bloemfontein Correctional Contracts (Pty) Ltd v The Minister For The Department of Correctional Services and Others [2017] ZAGPPHC 1266 (12 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

54391/2017

Judge

Louw

The High Court joined the Acting National Commissioner, found contempt of an earlier order, refused imprisonment, and granted section 18 relief keeping payment orders operative pending appeal.

• Contempt Of Court
• Joinder Of Parties
• Interdict
• Section 18 Superior Courts Act
• Set Off
• Contractual Payment Dispute

Vyna Tarpaulins CC v Ziyaphenduka Promotions CC (30362/2014)

Vyna Tarpaulins CC v Ziyaphenduka Promotions CC (30362/2014) [2016] ZAGPPHC 1212 (7 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

30362/2014

Judge

M W Msimeki

The High Court found the defendant failed to prove payment of R300,000 and held a confirmation-of-payment document was falsified.

• Contractual Payment Dispute
• Forgery Of Document
• Onus Of Proof
• Expert Evidence
• Interest On Debt
• Contract-payment-dispute

Msweli Electrical Contractors Mandini CC v Eskom Holdings Soc Limited (4485/2015)

Msweli Electrical Contractors Mandini CC v Eskom Holdings Soc Limited (4485/2015) [2016] ZAKZPHC 37 (29 April 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4485/2015

Judge

Lopes

High Court granted judgment for unpaid contract sums, contractual interest, and attorney-and-client costs after rejecting vague non-payment defences.

• Contractual Payment Dispute
• Specific Performance
• Attorney And Client Costs
• Interest On Debt
• Contractual-payment-dispute
• Interest-on-debt

Balkgo's Construction and Another v Greater Representative Council and Others (640/2000)

Balkgo's Construction and Another v Greater Representative Council and Others (640/2000) [2004] ZANWHC 5 (4 March 2004)

Court

North West High Court, Mafikeng

Case number

640/2000

Judge

Hendricks

The court found that the First Defendant had paid the First Plaintiff for the contractual work performed. The cheques were issued in the name of the First Plaintiff and collected by Gert Pieterse, who was authorised by the registered members of the First Plaintiff to receive and keep the money until a bank account was opened. The evidence, including affidavits and correspondence, established that Pieterse acted with the knowledge and consent of the other members. The Plaintiffs' reliance on Bouwer NO v Saambou Bank Bpk. was misplaced, as Pieterse was not a third-party creditor but a member or…

Source excerpt

• Contractual Payment Dispute
• Agency Authorisation
• Joint Venture Liability
• Discovery Of Documents