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South Africa Case Law

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Commercial And Corporate [2023] ZAGPJHC 728

South African Securitisation Programme (RF) Limited v Govindpershad (5835/2022)

South African Securitisation Programme (RF) Limited v Govindpershad (5835/2022) [2023] ZAGPJHC 728 (26 June 2023)

The High Court dismissed summary judgment, finding the defendant raised bona fide defences based on cancellation of a fixed-term rental agreement and cession issues.

  • Consumer Protection Act
  • Summary Judgment
  • Cession Of Rights
  • Fixed Term Agreement
  • Cancellation Penalty
  • Summary-judgment
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Commercial And Corporate [2021] ZAGPJHC 830

Kellogg Company of South Africa (Pty) Ltd v Barlow World Logistics Africa (Pty) Ltd (2021/58009)

Kellogg Company of South Africa (Pty) Ltd v Barlow World Logistics Africa (Pty) Ltd (2021/58009) [2021] ZAGPJHC 830 (30 December 2021)

Urgent interdict application over termination of logistics services failed because the applicant did not prove an indefinite tacit agreement or a prima facie right.

  • Tacit Contract
  • Termination Of Contract
  • Reasonable Notice
  • Interim Interdict
  • Fixed Term Agreement
  • Tacit-contract
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Commercial And Corporate [2021] ZAGPJHC 4

Main Street (Pty) Limited t/a Nashua Central v Mathopo (4028/2018)

Main Street (Pty) Limited t/a Nashua Central v Mathopo (4028/2018) [2021] ZAGPJHC 4 (1 February 2021)

The High Court refused summary judgment, finding triable issues about the rental equipment, alleged misrepresentation, and CPA issues on fixed-term consumer contracts.

  • Consumer Protection Act
  • Summary Judgment
  • Fixed Term Agreement
  • Reasonable Cancellation Penalty
  • Summary-judgment
  • Consumer-protection-act
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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.