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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 171

Waste Partner Investments (Pty) Ltd v Faw Vehicle Manufacturing SA (Pty) Ltd (23453-2022)

Waste Partner Investments (Pty) Ltd v Faw Vehicle Manufacturing SA (Pty) Ltd (23453-2022) [2024] ZAGPJHC 171 (22 February 2024)

The court upheld exceptions to a claim for delivery, ownership transfer, enrichment, and damages, finding the pleaded written agreement did not support the remedies sought.

  • Exception To Pleadings
  • Settlement Agreement
  • Cause Of Action
  • Enrichment
  • Damages
  • Parol Evidence Rule
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Commercial And Corporate [2024] ZAGPPHC 155

Vic La Vic Group (Pty) Ltd and Another v Phele Mining Consulting and Projects (24445/2022)

Vic La Vic Group (Pty) Ltd and Another v Phele Mining Consulting and Projects (24445/2022) [2024] ZAGPPHC 155 (16 February 2024)

The High Court dismissed a winding-up application, finding no proof that the deceased sole director had authority to bind the company to the alleged loans.

  • Agency
  • Authority Of Directors
  • Winding Up Proceedings
  • Abuse Of Process
  • Negotiorum Gestio
  • Winding-up-proceedings
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Civil Procedure [2023] ZAGPJHC 1443

Renasa Insurance Company Limited v B and L Towing 24 HR Assist (Pty) Ltd (2021/52108)

Renasa Insurance Company Limited v B and L Towing 24 HR Assist (Pty) Ltd (2021/52108) [2023] ZAGPJHC 1443 (1 December 2023)

The High Court ordered release of a written-off vehicle to its insurer against R64,000 replacement security, pending action over disputed towing and storage charges.

  • Rei Vindicatio
  • Lien
  • Security For Debt
  • Enrichment
  • Salvage Lien
  • Rei-vindicatio
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Commercial And Corporate [2023] ZAGPPHC 625

Stratlaw (Pty) Ltd v Van Hoven N. O and Another (2809/2022)

Stratlaw (Pty) Ltd v Van Hoven N. O and Another (2809/2022) [2023] ZAGPPHC 625 (3 August 2023)

The court found the applicant's version of events credible and supported by documentary evidence, while the respondents' version was riddled with contradictions and lacked credibility. The applicant discharged the onus of proving that an oral agreement was reached for the Trust to retain the renovations at the agreed price. The non-variation clause in the terminated lease did not preclude the subsequent oral agreement, as it was a new and separate arrangement entered into after the lease had ended. The applicant was entitled to payment for the renovations left at the premises, and the respond…

  • Oral Contract
  • Non Variation Clause
  • Lease Termination
  • Enrichment
  • Payment For Renovations
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Commercial And Corporate [2022] ZAMPMBHC 94

Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another v Vantage Goldfields SA (Pty) Ltd (2870/2021)

Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another v Vantage Goldfields SA (Pty) Ltd (2870/2021) [2022] ZAMPMBHC 94 (19 October 2022)

The High Court held that a share sale agreement lapsed for non-fulfilment of a suspensive condition, making later addenda void and requiring repayment of R1 million.

  • Sale Of Shares Agreement
  • Suspensive Conditions
  • Contractual Addenda
  • Condictio Indebiti
  • Enrichment
  • Res Judicata
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Civil Procedure [2022] ZAGPPHC 582

Motsamai v Century Property Development (Pty) Ltd (25457/2021)

Motsamai v Century Property Development (Pty) Ltd (25457/2021) [2022] ZAGPPHC 582 (26 July 2022)

The High Court dismissed a defendant’s exception to particulars of claim in a property dispute, finding the objections overly technical and unfounded.

  • Exception Procedure
  • Misrepresentation
  • Fraud
  • Negligent Misstatement
  • Enrichment
  • Constitutional Damages
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Civil Procedure [2022] ZAGPJHC 252

Theodosiou and Others v Schindlers Attorneys and Others (14038/2021)

Theodosiou and Others v Schindlers Attorneys and Others (14038/2021) [2022] ZAGPJHC 252 (21 April 2022)

The court dismissed leave to appeal after upholding exceptions, finding no reasonable prospects of success and no compelling reason to hear the appeal.

  • Exceptions To Pleadings
  • Contingency Fees Act
  • Leave To Appeal
  • Appealability
  • Rescission Of Judgment
  • Leave-to-appeal
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Civil Procedure [2021] ZAMPMBHC 40

Meridian Hygiene (PTY) Ltd v Head of the Department of Health, Mpumalanga and Another (3411/2020)

Meridian Hygiene (PTY) Ltd v Head of the Department of Health, Mpumalanga and Another (3411/2020) [2021] ZAMPMBHC 40 (7 September 2021)

The court found that the department placed both the existence and validity of the alleged verbal agreement in dispute, raising a real triable issue. The regulatory framework governing public procurement prohibits oral agreements, rendering any such agreement void ab initio if concluded in contravention of the law. The department's answering affidavit disclosed a bona fide defence with sufficient particularity, and Meridian's claim did not qualify as a liquidated amount for summary judgment purposes. The court exercised its discretion to refuse summary judgment, holding that the matter should…

  • Summary Judgment
  • Public Procurement
  • Oral Contracts
  • Liquidated Claims
  • Enrichment
  • Regulatory Compliance
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Land And Property [2021] ZAGPPHC 339

Gerber v Chris Vlok Property Services Tshwane CC (49324/2020)

Gerber v Chris Vlok Property Services Tshwane CC (49324/2020) [2021] ZAGPPHC 339 (20 May 2021)

The High Court ordered return of a Pretoria property to its owner, rejected an improvement lien based on unlawful restaurant alterations, and awarded attorney-client costs.

  • Rei Vindicatio
  • Improvement Lien
  • Enrichment
  • Eviction
  • Attorney And Client Costs
  • Rei-vindicatio
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Civil Procedure [2021] ZAGPPHC 24

Jacaranda Haven (Pty) Ltd and Another v JJP Propco (Pty) Ltd and Others (Leave to Appeal) (37063/2018; 45201/2018)

Jacaranda Haven (Pty) Ltd and Another v JJP Propco (Pty) Ltd and Others (Leave to Appeal) (37063/2018; 45201/2018) [2021] ZAGPPHC 24 (22 January 2021)

The High Court refused leave to appeal against a final liquidation order and associated costs order, finding no reasonable prospects of success.

  • Leave To Appeal
  • Company Liquidation
  • Just And Equitable Ground
  • Costs Orders
  • Enrichment Claims
  • Leave-to-appeal
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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.