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South Africa decisions
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Liq Investments CC v Parkers Store Limpopo (Pty) (6374/2020) [2024] ZALMPPHC 72 (15 July 2024)
A High Court held that a short-term loan was repayable within about two weeks and was not conditional on Anglo Platinum payment; the plaintiff succeeded.
Diesel Electric Services (Pty) Ltd v IRT Projects (Pty) Ltd and Others (15/15095) [2019] ZAGPJHC 559 (13 December 2019)
The High Court enforced Diesel Electric’s claim for unpaid invoices and upheld the suretyships, but dismissed claims for personal liability and delinquency.
Anait Technology Ltd v Interlog Trading (Pty) Ltd and Others (8252/2013) [2019] ZAWCHC 122 (16 September 2019)
The court found that the written purchase order agreement was not conditional upon the plaintiff acquiring a shareholding in the first defendant. The evidence did not support the existence of such a suspensive condition, and the contract's non-variation and sole memorial clauses excluded reliance on any extraneous oral agreement. The defendants' refusal to clear the goods for delivery constituted intentional frustration of the plaintiff's ability to perform, thereby invoking the doctrine of fictional fulfilment. The defendants' reliance on alleged reckless trading and breach of fiduciary duti…
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JBF Investments (Pty) Ltd v Stewarts Lloyds Holding (Pty) Ltd (2016/01916) [2018] ZAGPJHC 399 (28 May 2018)
The High Court held that the parties concluded an enforceable 2013 lease despite one signature missing, and rejected a month-to-month lease defence.
Hollard Insurance Company Limited v Du Toit and Another (2015/28447) [2017] ZAGPJHC 468 (31 March 2017)
The court found that the guarantee issued by the applicant was an on-demand instrument, requiring payment upon written demand and a certificate from the beneficiary. The respondents admitted the execution of the indemnity and suretyship agreements and the issuance of the guarantee. The conditions for the lapse of the guarantee, as set out in clause 4.1, had not been fulfilled, as the contract was terminated prior to completion and the required certificates had not been issued. The doctrine of fictional fulfilment was not applicable, as the guarantee's wording and the indemnity agreements excl…
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Le Roux and Another v Nel and Another (246/2013) [2013] ZASCA 109 (16 September 2013)
The court held that the appellants failed to comply with section 2(1) of the Alienation of Land Act, as their attorney acted on oral instructions and lacked written authority to exercise the option. The letter sent by the attorney did not constitute written authority, and mere repetition or reference to acting on behalf of the appellants was insufficient. Consequently, no valid contract of sale was concluded, and the option lapsed. The doctrine of notice did not assist the appellants, as it presupposes a valid claim for transfer, which was absent. The doctrine of fictional fulfilment was inap…
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