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South Africa decisions
Decisions matching the current search
Johannes Frederick Gouws N O and Others v Johannes Petrus Erasmus Swarts N O (1250/23) [2025] ZASCA 48 (25 April 2025)
The Supreme Court of Appeal held that no binding sale agreement was concluded at the AGM because the parties lacked consensus on price and tax terms.
Afrifert (Pty) Ltd v TWK Agri (Pty) Ltd - Leave to Appeal (6813/2020) [2023] ZALMPPHC 65 (7 August 2023)
The High Court dismissed Afrifert’s application for leave to appeal, finding no reasonable prospect of success and enforcing the written-consent requirement in the cession agreement.
Holdsworth-Jenkins and Another v Worldwind Logistics (Pty) Ltd In re: Worldwind Logistics (Pty) Limited v Holtsworths-Jenkins and Another (28255/2018) [2021] ZAGPJHC 886 (5 July 2021)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success or other compelling reason to hear the appeal.
Astral Operations Ltd t/a Early Bird Farm v O'Farrell N.O and Others (13794/2011) [2020] ZAKZDHC 62; [2021] 1 All SA 350 (KZD) (20 November 2020)
The court held that “usual price” meant Astral’s weekly mandate price, not the best price or all rebates given to others. Nambitha’s counterclaim failed.
First Rand Bank Limited v Ahmed (5400/2009) [2017] ZAKZDHC 16 (31 March 2017)
The High Court found the borrower in breach of a mortgage loan agreement, rejected an alleged undertaking to delay bond registration, and granted judgment to the bank.
Nedbank Limited v Matemane (20072/2014) [2016] ZAGPPHC 662 (29 July 2016)
The High Court held that the defendant breached an instalment sale agreement when the vehicle was impounded and not reported to the lender, allowing cancellation.
Body Corporate of Windsor v Mount Amanzi Shareblock Limited (12240/2015) [2016] ZAGPPHC 595 (12 April 2016)
The court granted spoliation relief restoring access to a sectional title scheme and related facilities, and dismissed the respondent’s levy-based counterclaim.
Bray v Grand Aviation (Pty) Ltd and Another (07/28371) [2015] ZAGPJHC 139; [2015] 4 All SA 151 (GJ) (18 May 2015)
The court upheld the plaintiff’s ownership of the erf, found a binding building contract for a standard type E unit, and ordered specific performance.
Liberty Group Limited v Botes and Others (40775/11) [2015] ZAGPJHC 121 (27 March 2015)
The plaintiff established, through documentary and oral evidence, that the defendants entered into the standard agency agreement and a specific addendum, which governed their remuneration and obligations. The Schedule presented by the defendants was found to be illustrative and not a binding contract. The defendants failed to lead any evidence to rebut the plaintiff's prima facie case or to prove the existence of a different agreement. The court accepted the plaintiff's evidence and found that the defendants were contractually obliged to repay the lump sums and commissions advanced to them up…
Source excerpt
Liberty Group Limited v Botes and Others (40775/11) [2015] ZAGPPHC 198 (27 March 2015)
The court held that Liberty proved the agency agreement and addendum, not the defendants’ alleged Schedule, and ordered repayment of lump sums and commissions.
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