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South Africa decisions
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Concargo (Pty) Ltd v Johnson and Others (A 187/2024) [2025] ZAWCHC 107 (17 March 2025)
The High Court dismissed Concargo’s appeal over restitution of R1 million paid under an oral agreement for a 5% shareholding.
Global Phashash Group (Pty) Ltd v Ngwathe Local Municipality (2269/2024) [2024] ZAFSHC 380 (25 November 2024)
The court found that the plaintiff's particulars of claim disclose a valid cause of action based on the contractual nature of the wayleave agreement. The wayleave document issued by the defendant to the plaintiff constitutes a contract with terms and conditions reflecting the agreement between the parties. The defendant's argument that the wayleave is merely an administrative decision and that the plaintiff's remedy lies in internal remedies or review is misplaced. The authorities cited support the view that the exception must fail unless it is clear that no cause of action is disclosed on an…
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Kufuma (Ptd) Ltd v Bidvest Facilities Management (Pty) Ltd and Another (2021/25745) [2024] ZAGPJHC 691 (22 July 2024)
The High Court dismissed an exception to amended particulars of claim, finding the pleaded facts could sustain a claim against Sishen Iron Ore.
Sibanye Stillwater Limited v Dovetail Properties (Pty) Limited (00127-2021) [2024] ZAGPJHC 226 (6 March 2024)
The High Court dismissed Sibanye’s special pleas of res judicata, prescription, and no cognisable quasi-mutual assent claim, and awarded costs to Dovetail.
RCOG Propco 1 Limited v Welfit Oddy (Pty) Limited (2906/2020) [2024] ZAECQBHC 8; [2024] 2 All SA 163 (ECP) (30 January 2024)
Commercial contract dispute over container purchase agreements, authority, repudiation, and estoppel; the court ordered repayment for undelivered containers and dismissed the counterclaim.
Boffin and Fundi (PTY) LTD Limited v Bloemwater and Others (6204/2022) [2023] ZAFSHC 9 (23 January 2023)
The High Court dismissed an urgent interdict application, holding that Bloem Water was not a party to the underlying contract and privity of contract defeated the relief.
Munyai Malaka Engineers (PTY) Ltd v TGBI Social Housing Company (NPC) and Others (77719/2018) [2023] ZAGPPHC 31 (23 January 2023)
The court found that the Plaintiff's version was more probable than the Defendants'. The Plaintiff had rendered professional engineering services under a partially written, partially oral agreement, and the Defendants' payment of R251 217.24 was for professional fees, not merely bulk services. The Defendants' explanations regarding the nature of the agreement and payment were inconsistent and unsupported by evidence, particularly as no evidence was led by the Quantity Surveyor. The Defendants' attempt to distinguish between bulk services and professional services was rejected. The Plaintiff d…
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Smit v Sidepoint Trading In re Sidepoint Trading v Smit and Others (446/2017) [2022] ZAMPMBHC 73 (19 September 2022)
The High Court upheld an exception to particulars of claim for defective pleading under Rule 18(6), vagueness, and failure to disclose a cause of action.
Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (AR31/2021 and AR32/2021) [2022] ZAKZPHC 29 (7 July 2022)
The Full Court held that Spar had expressly agreed to convene a hearing before terminating the respondents' membership, and that procedural fairness was required. The respondents did not repudiate the agreement to participate in a hearing; their conduct was consistent with seeking a fair process. Spar's failure to hold the hearing and its subsequent termination of membership was invalid and unlawful. The second set of termination notices, purportedly relying on a clause allowing termination without reason, was also invalid because the agreement to hold a hearing encompassed all grounds for te…
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Fourche v A to Z Motors CC (27397/2021) [2022] ZAGPPHC 74 (8 February 2022)
Summary judgment was granted for R3 million plus interest and punitive costs after the court found the defendant’s denial of the investment agreement was not bona fide.
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