South Africa Case Law

Mathomomayo Investment Holding CC v Gainsford N.O and Others (Appeal) (HCAA18/2023)

Mathomomayo Investment Holding CC v Gainsford N.O and Others (Appeal) (HCAA18/2023) [2025] ZALMPPHC 127 (27 June 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA18/2023

Judges

Nkoana, Pillay, Mashamba

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…

Source excerpt

• Specific Performance
• Divisible Contracts
• Exceptio Adimpleti Non Contractus
• Dispute Of Fact
• Liquidation
• Counterclaim

Electronic Sorting Services CC v North American Mining Corporation Proprietary Limited and Another (5456/13)

Electronic Sorting Services CC v North American Mining Corporation Proprietary Limited and Another (5456/13) [2014] ZAGPPHC 845 (24 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

5456/13

Judge

Raulinga

The court dismissed an urgent interdict application over a mining contract, finding the written agreement was not divisible and the applicant had not tendered proper performance.

• Contractual Interdict
• Lease Termination
• Sale Of Goods
• Divisible Contracts
• Contract-law
• Interdict