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South Africa Case Law

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Labour Law [2025] ZALCJHB 265

Ndlovu and Others v University of Witwatersrand (J 1775/22)

Ndlovu and Others v University of Witwatersrand (J 1775/22) [2025] ZALCJHB 265 (2 July 2025)

The Labour Court dismissed bus drivers’ application against Wits, finding no unilateral change to conditions of employment and that the money claim raised factual disputes.

  • Unilateral Change To Conditions Of Employment
  • Jurisdiction Of Labour Court
  • Prescription
  • Basic Conditions Of Employment Act
  • Disputes Of Fact
  • Motion Vs Trial Proceedings
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Land And Property [2025] ZAKZPHC 9

Buztrade 102 CC v Chetty and Others (14501/23P)

Buztrade 102 CC v Chetty and Others (14501/23P) [2025] ZAKZPHC 9 (31 January 2025)

The court set aside an old interdict over immovable property and ordered transfer to the applicant, rejecting objections based on misjoinder, disputes of fact, and occupational rent.

  • Interdict Removal
  • Transfer Of Immovable Property
  • Purchase And Sale Agreement
  • Misjoinder
  • Disputes Of Fact
  • Exception Proceedings
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Commercial And Corporate [2025] ZAKZPHC 7

Red Fire Trading (Pty) Ltd v Leira Investments CC (735/2024P)

Red Fire Trading (Pty) Ltd v Leira Investments CC (735/2024P) [2025] ZAKZPHC 7 (24 January 2025)

The court found that serious disputes of fact existed regarding both the common intention of the parties and whether a mistake occurred in drafting clause 3.1.2 of the Sale of Business Agreement. The applicant should have foreseen these disputes and proceeded by way of action, not motion. The respondent's version, supported by the chronology of negotiations and multiple requests for extensions, indicated that the suspensive condition was not fulfilled timeously and the agreement lapsed. In line with established legal principles, rectification is not appropriate on motion where disputes of fac…

  • Rectification Of Contract
  • Suspensive Conditions
  • Motion Proceedings
  • Disputes Of Fact
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Civil Procedure [2024] ZAECQBHC 54

Balhabou and Others v Blamey and Others (Reasons) (2954/2024)

Balhabou and Others v Blamey and Others (Reasons) (2954/2024) [2024] ZAECQBHC 54 (12 September 2024)

The High Court dismissed an urgent spoliation application, finding lis pendens, lack of urgency for the first applicant, and unresolved disputes of fact.

  • Mandement Van Spolie
  • Lis Pendens
  • Urgency
  • Locus Standi
  • Pie Act Compliance
  • Disputes Of Fact
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Civil Procedure [2024] ZAKZPHC 67

Marsing and Company (Pty) Ltd v Redinger (1144/2019P)

Marsing and Company (Pty) Ltd v Redinger (1144/2019P) [2024] ZAKZPHC 67 (2 August 2024)

Leave to appeal was dismissed because the respondent failed to show reasonable prospects of success, and costs were ordered on the attorney-client scale.

  • Leave To Appeal
  • Suretyship
  • Public Policy Clauses
  • Disputes Of Fact
  • Attorney And Client Costs
  • Leave-to-appeal
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Land And Property [2024] ZALCC 13

Wessels v Normandien Farms (Pty) Ltd and Another (LCC168/2022)

Wessels v Normandien Farms (Pty) Ltd and Another (LCC168/2022) [2024] ZALCC 13 (2 April 2024)

The Land Claims Court dismissed an occupier’s application to restore electricity, holding the facts did not support mandament van spolie against the farm respondents.

  • Mandament Van Spolie
  • Extension Of Security Of Tenure Act
  • Basic Services
  • Possessory Remedy
  • Disputes Of Fact
  • Mandament-van-spolie
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Civil Procedure [2024] ZAGPJHC 324

Venter and Another v Astfin (SA) (Pty) Limited and Others (2021/25209)

Venter and Another v Astfin (SA) (Pty) Limited and Others (2021/25209) [2024] ZAGPJHC 324 (28 March 2024)

The High Court dismissed an application for leave to appeal and ordered the first applicant to pay costs on an attorney-client scale.

  • Leave To Appeal
  • Costs Order
  • Disputes Of Fact
  • Plascon Evans Rule
  • Leave-to-appeal
  • Costs-order
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Civil Procedure [2024] ZAKZPHC 10

Vorster N.O v Buthelezi and Others (10754/2022P)

Vorster N.O v Buthelezi and Others (10754/2022P) [2024] ZAKZPHC 10 (16 February 2024)

Leave to appeal was dismissed after the court held there were no reasonable prospects of success and no basis for oral evidence on the papers.

  • Leave To Appeal
  • Trustees Removal
  • Disputes Of Fact
  • Oral Evidence Referral
  • Costs Order
  • Leave-to-appeal
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Land And Property [2024] ZAGPPHC 163

Ndlovu v Sekuba and Others (27945/22)

Ndlovu v Sekuba and Others (27945/22) [2024] ZAGPPHC 163 (30 January 2024)

Eviction application over Erf 13148 was not decided on motion papers because ownership and occupation were disputed. The matter was referred to trial.

  • Eviction
  • Unlawful Occupation
  • Intestate Succession
  • Disputes Of Fact
  • Referral To Trial
  • Unlawful-occupation
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Civil Procedure [2023] ZAGPJHC 1180

Paramount Property Fund Limited v Eskom Holdings SOC Ltd (2022-15013)

Paramount Property Fund Limited v Eskom Holdings SOC Ltd (2022-15013) [2023] ZAGPJHC 1180 (18 October 2023)

The High Court found major disputes of fact in a prescription and electricity-billing dispute between Paramount Property Fund and Eskom, and sent the matter to trial.

  • Prescription
  • Declaratory Relief
  • Electricity Supply Contract
  • Disputes Of Fact
  • Disputes-of-fact
  • Declaratory-relief
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