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South Africa decisions
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Mosselbaai Boeredienste (Pty) Ltd v OKB Motors CC (1216/21) [2023] ZASCA 91 (9 June 2023)
The SCA granted special leave, condonation, and reinstatement of an appeal after an electronic payment dispute involving alleged fraud and contested prospects of success.
Violetshelf Investments (Pty) Ltd v Chetty (24858/18) [2019] ZAGPJHC 1; [2020] 4 BLLR 401 (GJ) (28 January 2019)
The court held that a lease renewal option requiring further written agreement was unenforceable without a deadlock-breaking mechanism, and granted eviction.
Varico Investments (EDMS) BPK v Standard Bank of South Africa Limited and Another (770/2013) [2014] ZAWCHC 54 (14 April 2014)
The court found that the applicant failed to prove, on the papers, that the first respondent waived its rights to recover the debt. The 17 February 2012 email was ambiguous and did not unequivocally reflect an intention to abandon rights; in banking practice, 'written off' referred to internal accounting and transfer to recoveries, not a renunciation of claims. The suretyship agreement required formal written release or cancellation, which was not provided. The applicant's alternative reliance on estoppel also failed, as the email did not constitute a clear representation of waiver, and the a…
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Independent Newspapers (Pty) Ltd v Brittania Bay Developers (Pty) Ltd (6680/08) [2012] ZAWCHC 258 (17 April 2012)
The court dismissed a newspaper’s claim for unpaid advertising costs, finding no proved authority, ratification, or estoppel against the defendant.
Southern Life Association Ltd. v Beyleveld NO (266/87) [1988] ZASCA 104; [1989] 1 All SA 390 (A) (22 September 1988)
The Appellate Division held that an insurance company was not liable for an employee’s misleading investment advice, because the respondent failed to prove reliance on the company’s holding out.
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