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South Africa decisions
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N.A.T. v T.M.M. (2023/066211) [2025] ZAGPJHC 727 (22 July 2025)
The High Court dismissed an interlocutory application seeking declaratory relief about a marriage regime, holding that material disputes of fact required trial.
Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (Leave to Appeal) (081761-2025) [2025] ZAGPPHC 764 (18 July 2025)
The High Court dismissed Visa Security Group’s leave to appeal against an urgent interdict and ejectment order, finding no reasonable prospects of success.
Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036) [2025] ZAGPJHC 664 (8 July 2025)
The court found that the applicant and first respondent entered into seven instalment sale agreements, which the first respondent breached by failing to make payments. The respondent’s defence that the applicant’s omission of VAT numbers and addresses caused SARS to reject VAT claims, thereby making performance impossible, was rejected. The agreements did not make payment conditional on VAT refunds, and the respondent was responsible for ensuring correct information was included. The court held that any impossibility was subjective and self-created, not objective. Payments were made for a sub…
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Mohamed v Moosa and Others (44567/2021) [2025] ZAGPPHC 681 (2 July 2025)
Eviction and interdict applications failed after the court found a genuine factual dispute about occupation, payments, and the validity of a sale agreement.
Mathomomayo Investment Holding CC v Gainsford N.O and Others (Appeal) (HCAA18/2023) [2025] ZALMPPHC 127 (27 June 2025)
The Court found that the contract between the Appellant and the Fourth Respondent was divisible, with separate obligations arising for each batch of goods delivered and accepted. The Appellant made separate payments for delivered goods, demonstrating acceptance of the divisible nature of the contract. The Respondents only claimed payment for goods actually delivered and accepted, and there was no dispute regarding those deliveries. The defence of exceptio adimpleti non contractus was not applicable as the Respondents did not claim for goods not delivered. The Court further found that no mater…
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Qnet Networking Solutions (Pty) Ltd v D & E Steel (Pty) Ltd (24139/2024) [2025] ZAWCHC 227 (28 May 2025)
The High Court referred a locus standi dispute to oral evidence after finding the papers did not show that the applicant was the contracting party.
U-Rent (SA) (Pty) Limited v NMP Trading Projects (Pty) Limited t/a NMP Holdings (2024/063820) [2025] ZAGPPHC 489 (14 May 2025)
The High Court granted a provisional winding-up order after finding the respondent failed to pay its debts and raised no bona fide dispute of fact.
W.M.T v M[...].T[...] .9[...] (Pty) Ltd and Others (D6021/2023) [2025] ZAKZDHC 19 (7 May 2025)
The court found that there is a real and bona fide dispute of fact regarding whether an oral agreement was concluded between the applicant and the third respondent, and if so, on what terms. The correspondence and affidavits submitted by both parties reveal ongoing negotiations and conflicting interpretations, with no clear consensus. The existence of two emails from the third respondent could have led the applicant to believe an agreement was reached, but subsequent communications indicate otherwise. Given the limited scope of the issues and the interests of justice, the court determined tha…
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Aircraft Asset Finance Corporation (Pty) Limited v Deymine (Pty) Limited and Others (114305/2023) [2025] ZAGPJHC 336 (27 March 2025)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and awarding costs on scale B.
Vetvax (Pty) Ltd and Others v Fertilizers, Farms Feeds, Agricultural Remedies and Stock Remedies and Others (2023/039977) [2025] ZAGPPHC 212 (12 March 2025)
The High Court dismissed an application over a disputed viral strain, finding unresolved factual disputes and non-compliance concerns, and ordered attorney-client costs.
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