South Africa Case Law

Totalgaz Southern Africa (Pty) Ltd v Rhyder Investments CC t/a DTB Sales and Another (EL809/2024)

Totalgaz Southern Africa (Pty) Ltd v Rhyder Investments CC t/a DTB Sales and Another (EL809/2024) [2025] ZAECELLC 16 (20 June 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL809/2024

Judge

Zono

The court found that the applicant and respondents were bound by an industry standard cylinder exchange arrangement, which contractually permitted temporary possession of competitors' cylinders. The applicant was obliged to exhaust contractual remedies, including payment of the agreed deposit value for cylinders, before seeking judicial intervention. The respondents were not in unlawful possession absent payment and refusal to release cylinders. The applicant's approach to court for an interdict on possession was unnecessary and premature. However, the respondents' filling and distribution of…

Source excerpt

• Dealer Agreement
• Industry Standard Cylinder Exchange
• Interdict
• Occupational Health And Safety
• Contractual Obligation
• Costs Order

Telkom SA SOC Ltd v Pillay (27532/21)

Telkom SA SOC Ltd v Pillay (27532/21) [2023] ZAGPJHC 296 (3 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

27532/21

Judge

T P Mudau

The court found that the respondent, by signing the deed of suretyship, bound himself as surety and co-principal debtor for the debts of R&R Wholesalers arising from the dealer agreement with Telkom. The evidence, including contemporaneous email correspondence and the wording of the suretyship, established that the respondent was aware of the nature and scope of the security provided. The respondent failed to discharge the onus of proving iustus error or any misrepresentation by Telkom. The court held that the suretyship covered the debt claimed and was enforceable against the respondent. The…

Source excerpt

• Suretyship
• Rectification Of Contract
• Dealer Agreement
• Enforcement Of Security
• Quantum Of Debt

Micaren Exel Petroleum Wholesaler (Pty) Ltd v Stella Quick Shop (Pty) Ltd and Another (471/2019)

Micaren Exel Petroleum Wholesaler (Pty) Ltd v Stella Quick Shop (Pty) Ltd and Another (471/2019) [2020] ZASCA 61 (9 June 2020)

Court

Supreme Court of Appeal

Case number

471/2019

Judges

Wallis, Dambuza, Mbatha, Ledwaba, Eksteen

The Supreme Court of Appeal held that Micaren had not repudiated a fuel dealership agreement and upheld an interdict against Stella’s buying fuel from third parties.

• Contract Repliciation
• Specific Performance
• Final Interdict
• Dealer Agreement
• Breach Of Contract
• Repudiation-of-contract

Fulloutput 7 (Pty) Ltd t/a Petroport Touws River v Total SA (Pty) Ltd (11561/2013)

Fulloutput 7 (Pty) Ltd t/a Petroport Touws River v Total SA (Pty) Ltd (11561/2013) [2014] ZAWCHC 156 (21 October 2014)

Court

Western Cape High Court, Cape Town

Case number

11561/2013

Judges

Bozalek, Steyn, Blommaert

Full bench appeal over fuel-supply cancellation and eviction. The court dismissed the interdict appeal, found substantial arrears, and upheld the cross-appeal granting eviction.

• Interim Interdict
• Contract Cancellation
• Eviction
• Dealer Agreement
• Arrears
• Counter Application

Rosso Sport Auto CC v Viglietti Motors (Pty) Ltd (20900/08)

Rosso Sport Auto CC v Viglietti Motors (Pty) Ltd (20900/08) [2009] ZAWCHC 141 (26 August 2009)

Court

Western Cape High Court, Cape Town

Case number

20900/08

Judge

Allie

The High Court refused leave to appeal in a dealership dispute, holding the payment clause unambiguous and finding the proposed appeal would have no practical effect.

• Contract Interpretation
• Leave To Appeal
• Dealer Agreement
• Payment Obligation
• Rule 49 11 Application
• Contract-interpretation