South Africa Case Law

Everton Construction and Engineering (Pty) Ltd and Others v Access Bank South Africa Limited and Another (6487/2017)

Everton Construction and Engineering (Pty) Ltd and Others v Access Bank South Africa Limited and Another (6487/2017) [2025] ZAGPJHC 501 (22 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

6487/2017

Judge

Mahalelo

The High Court held that the plaintiffs must begin evidence at trial because they bear the onus on key pleaded issues, including the banking agreements and alleged unauthorised debits.

• Duty To Begin
• Burden Of Proof
• Banker Client Relationship
• Unauthorised Debits
• Contractual Terms
• Duty-to-begin

Dream World Investments 401 (Pty) Ltd v SMD Technologies (Pty) Ltd (55460/2020)

Dream World Investments 401 (Pty) Ltd v SMD Technologies (Pty) Ltd (55460/2020) [2024] ZAGPPHC 907 (11 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

55460/2020

Judge

Lingenfelder

The High Court granted leave to amend particulars of claim in a contract dispute over thermometers, holding the proposed amendment was not plainly excipiable.

• Amendment Of Pleadings
• Contractual Terms
• Exclusion Of Liability
• Interpretation Of Contracts
• Amendment-of-pleadings
• Excipiable-pleadings

Liq Investments CC v Parkers Store Limpopo (Pty) (6374/2020)

Liq Investments CC v Parkers Store Limpopo (Pty) (6374/2020) [2024] ZALMPPHC 72 (15 July 2024)

Court

Limpopo High Court, Polokwane

Case number

6374/2020

Judge

Kanyane

A High Court held that a short-term loan was repayable within about two weeks and was not conditional on Anglo Platinum payment; the plaintiff succeeded.

• Loan Agreement
• Contractual Terms
• Doctrine Of Fictional Fulfilment
• Repayment Obligation
• Loan-agreement
• Contractual-interpretation

MCG Express (Pty) Ltd v Owenair (Pty) Ltd (2023/069178)

MCG Express (Pty) Ltd v Owenair (Pty) Ltd (2023/069178) [2024] ZAGPJHC 580 (19 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/069178

Judge

N.S. Krüger

The High Court held that VAT was payable on an aircraft lease and that the respondent’s VAT defence failed. Judgment was granted for payment, interest and costs.

• Specific Performance
• Value Added Tax
• Contractual Terms
• Tacit Terms
• Vat Act Compliance
• Value-added-tax

Ram Transport (South Africa) Proprietary Limited t/a Ram Hand-to-Hand Couriers v DHL Supply Chain (South Africa) Proprietary Limited (20232/2020)

Ram Transport (South Africa) Proprietary Limited t/a Ram Hand-to-Hand Couriers v DHL Supply Chain (South Africa) Proprietary Limited (20232/2020) [2024] ZAGPJHC 381 (17 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

20232/2020

Judge

N Manoim

Leave to appeal was granted in a contract dispute over whether a letter of intent created a two-year exclusive arrangement terminable only for cause.

• Breach Of Contract
• Leave To Appeal
• Contractual Terms
• Adverse Inference
• Waiver
• Quasi Mutual Assent

Africoast Investments (Pty) Ltd v Nextec Industrial Technologies (Pty) Ltd (43314-2021)

Africoast Investments (Pty) Ltd v Nextec Industrial Technologies (Pty) Ltd (43314-2021) [2023] ZAGPJHC 1499 (5 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

43314/2021

Judge

Crutchfield

The High Court upheld an exception to amended particulars of claim in a fraudulent misrepresentation dispute, finding the pleading lacked necessary factual detail on misstatement and damages.

• Fraudulent Misrepresentation
• Specific Performance
• Exception Procedure
• Damages Quantification
• Contractual Terms
• Pleading Requirements

DSV South Africa (Pty) Ltd t/a DSV Air and Sea v Phoenix Neomed (Pty) Ltd (2022-011215)

DSV South Africa (Pty) Ltd t/a DSV Air and Sea v Phoenix Neomed (Pty) Ltd (2022-011215) [2023] ZAGPJHC 1028 (13 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-011215

Judge

N Manoim

Summary judgment was granted for unpaid logistics invoices. The court rejected illegibility, non-performance, Department of Health payment dependency, impossibility, and constitutional defences.

• Summary Judgment
• Contractual Terms
• Pay Now Sue Later
• Constitutional Limitations
• Performance And Nonperformance
• Summary-judgment

Swarts N.O and Another v Gouws N.O and Others (23604/2021)

Swarts N.O and Another v Gouws N.O and Others (23604/2021) [2023] ZAGPPHC 679 (10 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

23604/2021

Judge

Munzhelele

The High Court held that the parties concluded a binding oral share-sale agreement at an AGM and ordered specific performance despite no written contract.

• Oral Contracts
• Specific Performance
• Authority Of Trustees
• Share Transfer
• Repudiation
• Contractual Terms

Ford Motor Company of South Africa (Manufacturing) (Pty) Ltd v Omega Risk Solutions (Pty) Ltd

Ford Motor Company of South Africa (Manufacturing) (Pty) Ltd v Omega Risk Solutions (Pty) Ltd [2023] ZAGPPHC 436; 34497/2020 (13 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

34497/2020

Judge

Makamu

The High Court dismissed an exception to a plea and counterclaim, holding that missing attachment of a purchase order did not make the pleading vague or embarrassing.

• Exception To Pleadings
• Counterclaim Requirements
• Rule 30 Irregular Proceedings
• Contractual Terms
• Rule 18 Particularity
• Exception-to-pleadings

Hartog v Daly and Others (A5012/2022)

Hartog v Daly and Others (A5012/2022) [2023] ZAGPJHC 40; [2023] 2 All SA 156 (GJ) (24 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5012/2022

Judges

Strydom, M M Mabesele, J J Strijdom

The Full Court found that the appellant breached the mandate by paying the sale proceeds into an account not nominated by the respondents, resulting in loss due to fraud. The alleged tacit term requiring respondents to ensure data/email security was not established on the facts or by inference; the probabilities did not support its existence. All relevant facts were common cause, and no genuine factual dispute existed requiring referral to trial. The appellant's claims against Standard Bank for delictual liability failed due to lack of evidence of wrongfulness or negligence, as Standard Bank…

Source excerpt

• Mandate Liability
• Business Email Compromise
• Payment Instructions
• Delictual Liability
• Contractual Terms
• Electronic Fund Transfer