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South Africa decisions
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Avbob Mutual Assurance Society v Mkhonza and Others (11408/2022) [2024] ZAGPPHC 632 (27 June 2024)
The High Court held that a zoning warranty in a sale agreement was severable from the sale. Rescission was refused and the purchaser proved no damages.
H and F Associates CC t/a Build-It Potchefstroom v Mohbro Properties CC (CIV APP RC 03/2022) [2024] ZANWHC 147 (21 June 2024)
The court found that the respondent failed to discharge the onus of proving that the appellant held over the premises beyond the first week of June 2014. The evidence did not support the respondent's version of prolonged occupation, and it was improbable that the respondent would have tolerated holding over for two months without taking action. Accordingly, the damages awarded for claim 2 were unjustified. Regarding claim 3, the court held that the respondent's claim was for the objective value of performance, which is not recognised as a competent remedy under South African law for reinstate…
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Redefine Properties Limited v B Masiqhame Trading 224 CC t/a TNT Projects and Investments and Another (4851/22) [2024] ZAWCHC 17 (30 January 2024)
The court found that the defendants' exception lacked merit. The particulars of claim adequately pleaded the lease terms, the basis for the claim for arrear rental, and the damages following cancellation due to repudiation. The complaints regarding the occupation date, liability for rental, and concurrent claims for performance and damages were unfounded. The plaintiff's claim for damages post-cancellation was consistent with established legal principles. The defendants failed to comply with Rule 23(1)(b) for the vague and embarrassing exception, as no formal exception was filed after the pla…
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City Square Trading 204 (Pty) Limited v Inxuba Yethemba Local Municipality and Another (12 September 2023) (5477/2016) [2023] ZAECMKHC 99 (12 September 2023)
The High Court held that a municipal water-services maintenance contract was tacitly assigned to CHDM, making it liable for unpaid invoices and loss of profits.
Pietermaritzburg Community Development and AIDS Outreach Project v MEC for Health, KwaZulu-Natal (10139/2018P) [2023] ZAKZPHC 89 (25 August 2023)
The High Court found the Department repudiated a condom distribution contract by persistently refusing to pay invoices and awarded damages of R11,243,786.
Shabros Property Investment (Pty) Ltd v Mobile Telephone Networks (Pty) Ltd (2507/2013) [2023] ZAWCHC 118 (23 May 2023)
The High Court found that the parties concluded a binding parking lease renewal and that the defendant repudiated it, making it liable for arrears and damages.
Feliti v South African Broadcasting Corporation SOC Ltd (JS942/17) [2023] ZALCJHB 97 (27 January 2023)
The court found that the respondent's letter of 19 April 2016 constituted an unequivocal repudiation and premature termination of the applicant's fixed-term contract, not mere placement on special leave. The applicant accepted the repudiation by not returning to work and handing in company property. The respondent's conduct breached the contract without just cause or adherence to disciplinary procedures. The applicant proved a causal link between the breach and his damages: he lost entitlement to accrued leave and the opportunity to qualify for post-retirement medical aid benefits, as he was…
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BBT Electrical and Plumbing Construction and Maintenance t/a BBT Construction v Setshabelo Trading 647 (Pty) Ltd (3367/2019) [2022] ZAFSHC 221 (2 September 2022)
The court granted absolution of the instance after finding the plaintiff cancelled the agreement but failed to prove damages flowing from that cancellation.
Marble & Granite Designs C and Another v Custom Capital Finance (Pty) Ltd (A101/2021) [2022] ZAFSHC 201 (15 August 2022)
The High Court dismissed an appeal over a rental agreement for PABX equipment, holding the appellants were bound by their signatures and the contract was enforceable.
Maharaj's Coach and Bus Hire CC v Dealership Middelburg Man (Pty) Ltd and Others (14058/2018P) [2022] ZAKZPHC 34 (10 August 2022)
The court found that the first defendant's repeated demand for payment of R420 000, when only R410 000 was contractually due, constituted a repudiation of the agreement. This conduct objectively indicated an unwillingness to perform according to the contract's terms. The plaintiff was entitled to cancel the agreement. However, the plaintiff failed to establish a legal basis for claiming damages for instalments, insurance premiums, and licence fees paid after cancellation, as these obligations did not persist once the agreement was cancelled and the bus was never delivered. The only recoverabl…
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