South Africa Case Law

Lona Citrus (Pty) Ltd v Vutsela Iglobju Investments (Pty) Ltd (2045/24)

Lona Citrus (Pty) Ltd v Vutsela Iglobju Investments (Pty) Ltd (2045/24) [2025] ZAMPMBHC 36 (13 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2045/24

Judge

Montsho-Moloisane

The court found that the Marketing Agreement was terminated by the Deed of Cession, rendering the respondent's point in limine regarding notice of breach irrelevant. The Deed of Cession, signed by both parties, irrevocably ceded the respondent's rights to proceeds from Karino and any future exporter to the applicant, with the respondent remaining liable for any outstanding balance if the debt could not be recovered from those parties. The certificate of account issued by the applicant's director constituted prima facie proof of the respondent's indebtedness, and the respondent failed to provi…

Source excerpt

• Contract Enforcement
• Deed Of Cession
• Certificate Of Indebtedness
• Motion Proceedings
• Prima Facie Evidence

Ithemba Sky Mark Security All Services (Pty) Ltd v Ithemba Sky Mark Security Services Cape Town CC and Another (21535/2022)

Ithemba Sky Mark Security All Services (Pty) Ltd v Ithemba Sky Mark Security Services Cape Town CC and Another (21535/2022) [2023] ZAGPJHC 772 (20 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21535/2022

Judge

Pearse AJ

The High Court declared a deed of cession null and void ab initio because it transferred the applicant’s business contracts without shareholder approval or client consent.

• Deed Of Cession
• Company Asset Disposal
• Shareholder Resolution
• Delegation Of Contractual Obligations
• Delectus Personae
• Nullity Of Contract

Ubunzima Trading Enterprises CC v Uthukela District Municipaliti (11082/2015)

Ubunzima Trading Enterprises CC v Uthukela District Municipaliti (11082/2015) [2019] ZAKZPHC 14 (12 March 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11082/2015

Judge

Poyo Dlwati

The court held that the deeds of cession were valid and enforceable, and ordered the municipality to pay the retained sums to the plaintiff with interest.

• Deed Of Cession
• Direct Payment
• Retention Moneys
• Contractual Nexus
• Estoppel
• Deed-of-cession

Biccari and Another v Body Corporate of Shoreham and Others (8961/2015)

Biccari and Another v Body Corporate of Shoreham and Others (8961/2015) [2018] ZAWCHC 2; [2018] 2 All SA 36 (WCC); 2018 (3) SA 462 (WCC) (24 January 2018)

Court

Western Cape High Court, Cape Town

Case number

8961/2015

Judge

JH Loots

The High Court held that most disputed parking bay rights in the Shoreham sectional scheme were not validly transferred, but several respondents proved exclusive use rights.

• Sectional Titles Act
• Exclusive Use Areas
• Management Rules
• Deed Of Cession
• Common Property
• Costs Orders

Strydom and Kroqwana Construction CC v MEC for Human Settlements Eastern Cape and Another (3010/2016)

Strydom and Kroqwana Construction CC v MEC for Human Settlements Eastern Cape and Another (3010/2016) [2017] ZAECGHC 11 (9 February 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

3010/2016

Judge

M Makaula

Summary judgment was granted against the MEC after the court applied the Turquand rule to reject a defence based on alleged lack of municipal authority.

• Summary Judgment
• Turquand Rule
• Deed Of Cession
• Municipal Contracts
• Summary-judgment
• Turquand-rule

Corporate Money Managers (Pty) Ltd and Others v Kruger (77058/09)

Corporate Money Managers (Pty) Ltd and Others v Kruger (77058/09) [2013] ZAGPPHC 42 (12 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

77058/09

Judge

P M Mabuse

The High Court granted final sequestration of the respondent’s estate after finding him insolvent, unable to pay a judgment debt, and with insufficient assets.

• Final Sequestration
• Insolvency Act Section 8g
• Suretyship
• Deed Of Cession
• Judgment Enforcement
• Insolvency