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South Africa decisions
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Mnopf Trustees Ltd v SA Marine Corporation (Pty) Ltd (9085/2008) [2010] ZAWCHC 135 (23 June 2010)
The High Court allowed the plaintiff to amend its claim in a pension-fund dispute, holding the pleaded interpretation of the trust deed and rules was reasonably arguable.
Cobam NV v Aegean Petroleum (UK) Ltd and Another (29/94) [1995] ZASCA 101 (19 September 1995)
The Supreme Court of Appeal held that clause 32 of the charter-party, which provides for the transfer and accounting of bunkers upon redelivery, applies only to redelivery at the natural termination of the charter-party by effluxion of time and not to early termination by breach. The limited quantities specified in clause 32 support this interpretation, as it would be unreasonable to expect the bunkers on board at the time of breach to match those quantities. The court found no basis for implying a term into the contract that would transfer ownership of the bunkers to Cobam upon withdrawal of…
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Dole Fresh Fruit International Ltd v Mv Kapetan Leonidas and Another (683/93) [1995] ZASCA 33; 1995 (3) SA 112 (AD); [1995] 2 All SA 382 (A) (29 March 1995)
The court held that Dole Fresh Fruit failed to establish a prima facie case against Saful Navigation for the damage to its bananas, as there was no direct evidence of the cause of the fires and the contractual terms limited the owner's liability. The maxim res ipsa loquitur did not apply due to the specific limitations in the charter party. On the associated ship issue, the court found that Dole Fresh Fruit did not prove that all shares in Boothia Maritime were controlled by persons who controlled the shares in Saful Navigation, as required by section 3(7) of the Admiralty Jurisdiction Regula…
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