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South Africa decisions
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Estabiz (Pty) Ltd v Starflash (Pty) Ltd (Appeal) (CIV APP MG32/24) [2025] ZANWHC 108 (26 June 2025)
The High Court upheld an appeal against an exception, holding the pleadings and attached agreement sufficiently disclosed a cause of action.
Ndarangwa v Marivate Attorneys Incorporated (61033/2021) [2024] ZAGPPHC 471 (17 May 2024)
The court held that none of the grounds of exception raised by the defendant were sufficient to render the particulars of claim vague and embarrassing or lacking necessary averments to sustain a cause of action. The absence of the defendant's signature on the agreement did not, in itself, render the agreement invalid, as there was no clause requiring signature for validity and the agreement otherwise satisfied the requirements for contractual validity. The particulars of claim adequately set out the basis for the quantum claimed, and the attached invoices supported the claim. The plaintiff's…
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Africor Auctioneers (Pty) Ltd v Blue Dot Properties 1875 CC and Another (6436/2022) [2024] ZAGPPHC 128 (15 February 2024)
The High Court dismissed an application to liquidate a close corporation, finding no valid contract for the claimed security services and no proper authority for the underlying arrangements.
N.N.P v C.B.S and Others (2021/59500) [2023] ZAGPJHC 1357 (21 November 2023)
The High Court dismissed an application to set aside the sale of a deceased’s immovable property, finding the evidence did not prove incapacity at the time of sale.
Zascotime (Pty) Ltd v Abrina 3765 (Pty) Ltd t/a BMW Sandton (A5014 / 2022 ; 35714 / 2020) [2023] ZAGPJHC 677 (9 June 2023)
The court found that the appellant had exclusive knowledge of the pending litigation with the City of Johannesburg and the illegality of the advertising sign. The appellant failed to disclose these material facts to the respondent, which would have influenced the respondent's decision to enter into the agreement. The moratorium relied upon by the appellant did not apply, as the appellant had not entered into the required agreement with the City of Johannesburg to regularise the sign. The court held that the appellant's non-disclosure constituted a breach of its duty to disclose material infor…
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Van Rensburg v Germishuizen (30488/2019) [2022] ZAGPJHC 975 (12 October 2022)
The court found that the settlement agreement was valid and enforceable, as both parties entered into it voluntarily and knowingly, with the respondent having made amendments and proposals. The agreement did not contain unlawful or illegal provisions, and the inclusion of terms not originally claimed in the action proceedings was immaterial to its validity. The absence of joinder of the bond holder and pension fund administrator was not fatal, as the agreement did not bind third parties and only created personal rights between the parties. Allegations of duress and misrepresentation were unsu…
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Gcwabe Consulting (Pty) Ltd v South African Police Services (46817/2015) [2022] ZAGPPHC 601 (10 August 2022)
The High Court held that post-closing amendments to tender price-list conditions breached section 217 and declared the SAPS contract with Gcwabe Consulting invalid.
Nketoana Local Municipality v Pro-plan Consulting Engineers (Pty) Ltd and Another (1574/2021) [2021] ZAFSHC 169 (19 August 2021)
The High Court refused leave to appeal, finding no reasonable prospects of success and holding that the applicant was largely rearguing issues better suited to review.
ICT-Works Proprietary Limited v City of Cape Town (6582/2020) [2021] ZAWCHC 119 (18 June 2021)
The court found that the contract concluded between ICT-Works and the City of Cape Town was unlawful and invalid because it contravened section 33 of the Municipal Finance Management Act. The Council approved a contract for a seven-year period, but the executed contract extended beyond fourteen years, which was a material irregularity. The City failed to provide a reasonable explanation for its delay in bringing the self-review application, and its conduct was found to be egregious. However, the court was constitutionally compelled to declare the contract invalid due to clear and undisputed u…
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City Power (SOC) Limited v Combined Private Investigations CC (46054/2018) [2020] ZAGPPHC 679; 2021 (3) SA 202 (GP) (25 November 2020)
The High Court granted condonation and rescinded a default judgment against City Power, finding a prima facie legality defence and ordering party-and-party costs.
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