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South Africa decisions
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Van Deventer and Van Deventer Incorporated v Van Niekerk and Another (5068/2021) [2022] ZAGPJHC 772 (10 October 2022)
The High Court upheld a locus standi point in limine, finding the conveyancing attorneys lacked standing to seek declaratory relief about cancellation of the sale agreement.
Universal Coal Development (Pty) Ltd v Mineral Resources Development (Pty) Ltd (33182/2021) [2021] ZAGPPHC 839 (10 December 2021)
The court found that the contract between the applicant and respondent was intended to operate as a back-to-back agreement with the Eskom supply contract, and its duration was determined by the depletion of the Kangala coal reserves or 96 months, whichever came first. The Plant was designed and operated specifically to meet Eskom's requirements, and the operational period of 96 months was calculated based on the estimated volume of coal in the Kangala reserve. The respondent's argument that coal could be sourced from other collieries was not supported by the contract or the factual matrix. Th…
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Ndara and Another v Weir Investments (Pty) Ltd and Others (3180/2013) [2019] ZAECGHC 95 (1 October 2019)
The court found that the incomplete record was nevertheless adequate for proper consideration of the appeal, as the relevant evidence and documents were available and the issue on appeal was narrow. The plaintiffs had knowledge of the material facts giving rise to their claim by 2005, when they learned they had paid the price of a new vehicle for a demonstration model and knew the identities of the defendants. The subsequent discovery of a document in 2013 merely provided proof of their earlier knowledge and did not constitute new material facts. The claim for a declaration of nullity was, in…
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Ramaf and Another v Thlapane and Others (3380/09) [2013] ZANWHC 75 (24 October 2013)
The court dismissed a claim to ownership of a farm, but declared that the second plaintiff or his close corporation owns the butchery and its assets.
Dlukulu No v Master of the High Court and Others (549/2010) [2012] ZAECPEHC 67 (18 September 2012)
The court granted absolution from the instance in a dispute over whether a co-owner of immovable property had intended joint ownership or was merely a surety.
Jacobs v Msukaligwe Munisipalitiet en Andere (31189/2006) [2007] ZAGPHC 114 (20 June 2007)
The High Court dismissed a late administrative review over a municipal land tender, finding no basis for condonation and no practical relief after development.
Hotel Slots (Pty) Ltd and Another v Premier of the North-West (1187/97) [1999] ZANWHC 1 (10 June 1999)
The court found that no valid agreement or permit was entered into between the Applicants and the Respondent. The document relied upon by the Applicants, annexure 'APPL3', was not a contract or permit but merely a legal opinion clarifying the Applicants' temporary defence against prosecution under section 54(2) of the Act. The Applicants failed to establish the existence of any oral or written agreement with the Respondent, and Jagga lacked authority to bind the State. Even if an agreement had been entered into, it would be void for illegality, as the Applicants' operations were unlawful unde…
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