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South Africa decisions
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NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (1890/2021) [2025] ZANWHC 126 (25 July 2025)
The court dismissed special pleas based on arbitration and jurisdiction, holding the clause did not oust jurisdiction and the defendant had waived reliance on it.
Transarc Investments (Pty) Ltd v DKM Healthcare (Pty) Ltd (4233/2024) [2025] ZAECMHC 32 (6 May 2025)
The defendant failed to disclose sufficient facts to establish a bona fide defence to the plaintiff's claim for cancellation and eviction. The lease agreement clearly places responsibility for zoning and permits on the defendant, and contains explicit clauses excluding the landlord's liability for fitness for purpose and waiving any relaxation of rights. The defendant's allegations regarding zoning and public policy are inadequately pleaded and unsupported by material facts. There is no evidence of unequal bargaining power or infringement of constitutional values that would render the no-warr…
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Barloworld South Africa (Pty) Ltd ta Barloworld Equipment v Patraw Construction and Projects CC and Other (2021/18191) [2025] ZAGPJHC 414 (25 April 2025)
The court found that the respondents' plea and counterclaim do not disclose a valid defence or cause of action. The waiver clause in the lease agreement precludes claims for loss of profit and other damages not directly linked to the contract. The alleged misrepresentation regarding the tracking device related to the insurance contract with MiWay, not the lease agreement between the parties, and thus cannot found a claim against the applicant under the lease. The quantum of damages, while globular, does not bar the applicant from pleading, but the counterclaim fails to demonstrate compliance…
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Smit En Maree Attorneys v Maree VD Berg Attorneys (HCAA07/2022) [2023] ZALMPPHC 39 (14 April 2023)
The appeal concerned whether a warrant of execution for taxed costs could be set aside after a letter proposing waiver on condition of a meeting was fulfilled.
Innovative Funding Solutions (Pty) Ltd v XafariI Capital (Pty) Ltd (40405/21) [2023] ZAGPPHC 62 (31 January 2023)
High Court granted a provisional winding-up order, finding the loan agreement enforceable and clause 8 not a suspensive condition.
van den Berg and Another v Junkoon N.O. and Others (2020/33237) [2022] ZAGPJHC 379 (6 June 2022)
The High Court dismissed leave to appeal after summary judgment, holding the defendants had not properly raised a lease-based waiver defence to an alleged improvement lien.
Mazule Energy and Resources (Pty) Ltd v Tulsalogix (Pty) Ltd (2021/12086) [2022] ZAGPJHC 139 (14 March 2022)
High Court judgment enforcing two repayment claims under a prepayment and advance-payment arrangement, rejecting a waiver defence and awarding interest and costs.
Sorrynos 1 (Pty) Ltd v Thenga and Others (2021/39004) [2021] ZAGPJHC 821 (17 December 2021)
The High Court held that the purchaser validly waived a suspensive condition in a property sale, keeping the contract alive and entitling it to specific performance.
Protea Chemicals A division of the OMNIA Group (Pty) Ltd v Flexicon Africa (Pty) Ltd (CA18/2019) [2019] ZAECPEHC 52 (29 August 2019)
The High Court upheld an exception to a particulars of claim that was vague and embarrassing because it did not clearly explain how clause 10 avoided waiver.
Edani and Another v Pioen 1153 (Pty) Ltd and Another (3016/2018) [2018] ZAGPPHC 898 (27 November 2018)
The court dismissed an urgent application to interdict transfer of two units, holding that the applicants’ sale agreements had lapsed when resolutive bond conditions were not met.
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