Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2019] ZAECBHC 16

Coppermoon Trading 13 (Pty) Ltd v Government of the Province of the Eastern Cape and Another (1949/05)

Coppermoon Trading 13 (Pty) Ltd v Government of the Province of the Eastern Cape and Another (1949/05) [2019] ZAECBHC 16; 2020 (3) SA 391 (ECB) (18 June 2019)

Court
Eastern Cape High Court, Bhisho
Case number
1949/05
Judge
D Van Zyl

The court held that the procedure adopted by the defendants to introduce a defence of waiver, election, or abandonment was not sanctioned by the Rules of Court and amounted to an abuse of process. The appropriate procedure would have been to seek an amendment of the plea in terms of Rule 28. The court further found that the conduct of the plaintiff, including its pursuit of remedies under the settlement agreement and statements made in litigation, did not amount to an unequivocal waiver or election to abandon its right to proceed with the action. The burden of proof for waiver or election res…

Source excerpt

  • Waiver Of Rights
  • Election
  • Special Plea
  • Amendment Of Pleadings
  • Settlement Agreement
  • Specific Performance
Read case analysis
Commercial And Corporate [2005] ZAWCHC 52

Consol Limited t/a Consol Glass v Twee Jonge Gezellen (Pty) Ltd and Another (11080/99)

Consol Limited t/a Consol Glass v Twee Jonge Gezellen (Pty) Ltd and Another (11080/99) [2005] ZAWCHC 52; 2005 (6) SA 23 (C); [2005] 4 All SA 517 (C) (22 July 2005)

Court
Western Cape High Court, Cape Town
Case number
11080/99
Judge
Blignault

The court refused first defendant’s application to amend its counterclaim and replication. The proposed amendments did not raise triable issues because the Supreme Court of Appeal had already determined the effect of the exemption clause and time bar, rendering further litigation on those points res judicata. The delictual claim was barred by the doctrine of election, as first defendant had pursued contractual remedies with full knowledge of the facts, thereby affirming the contract and precluding cancellation. The court found that the proposed tacit terms could not be imported into the contr…

Source excerpt

  • Contractual Exemption Clause
  • Implied Terms
  • Latent Defects
  • Prescription
  • Election
  • Res Judicata
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.