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Koster v Industrial Zone Limited and Others (25767/2006) [2021] ZAGPJHC 52 (16 February 2021)
The High Court refused leave to appeal, finding no reasonable prospects of success and holding that the plaintiff’s vagueness argument on clause 22.3 was not enough.
D J Development CC and Others v Arnold (491/92) [1993] ZASCA 109 (6 September 1993)
The Supreme Court of Appeal held that although the reference to annexure 'E' in clause 3.12 was unenforceable and void ab initio due to the non-existence of the specified documentation, the residual provisions of clause 3.12 were sufficiently certain and enforceable. The corporation was obliged to perform the required infrastructure work in a proper and acceptable manner according to specifications approved by the relevant authorities. The parties knowingly contracted without agreement on the missing annexure, and their conduct demonstrated an intention to be bound by the remaining terms. Eve…
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