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South Africa decisions
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Makhabo v Viljoen and Others (2022/059140) [2025] ZAGPPHC 688 (9 July 2025)
The court granted summary judgment for R500,000 after finding no bona fide defence to misrepresentation and undue enrichment arising from an uncompleted franchise deal.
Carrim N.O and Others v BP Southern Africa Proprietary Limited and Another (2023-098436) [2025] ZAGPPHC 42 (20 January 2025)
The High Court dismissed an application to set aside an alleged business disposal under section 341(2) of the Companies Act, finding no disposal by the company itself.
Mnaka Diamonds (Pty) Ltd v Engen Petroleum Limited (1753/2023) [2024] ZAMPMBHC 82 (20 November 2024)
Default judgment was granted to Mnaka Diamonds after Engen failed to defend, with the court finding wrongful conduct caused pure economic loss.
True North Holdings (Pty) Limited and Others v Sky Gecko Software Lab (Pty) Limited and Another (23149/2023) [2024] ZAWCHC 336; [2025] 1 All SA 803 (WCC) (28 October 2024)
The High Court dismissed an application to enforce restraint and confidentiality clauses against software contractors, finding no clear contractual right beyond expired agreements.
MSA Devco Pty Ltd v Mmakola and Others (2024/032105) [2024] ZAGPJHC 1023 (11 October 2024)
The court held that the applicant, MSA Devco Pty Ltd, is entitled under clause 16.1.3 of the franchise agreement and the arbitration award to operate and manage the four McDonald's restaurants at Lephalale, Groblersdal, Thabazimbi, and Kwaggafontein. The court found that the relief sought in the notice of motion, including delivery of keys, employee lists, access to systems, and other operational details, is necessary to give effect to and enforce the arbitration award. The court rejected the respondents' argument that only the terms of the award should be made an order of court, finding that…
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Asmaljee and Another v Torga Optica (Pty) Ltd and Others (039074/2022) [2024] ZAGPJHC 954 (11 September 2024)
The High Court ordered the return and deletion of patient records and restrained their use, sharing, or sale, and awarded the applicants party-and-party costs.
Pick'n Pay Retailers Proprietary Limited v Northern Suburbs Supermarket Proprietary Limited (2024/083061) [2024] ZAGPJHC 765 (2 August 2024)
The High Court granted Pick n Pay urgent perfection of a general notarial covering bond against a distressed franchisee and struck the respondent’s counter-application.
Bayafza CC ta BP Kensigton v BP Southern Africa Pty Ltd (00678/2022) [2024] ZAGPJHC 587 (24 June 2024)
The High Court dismissed an application for leave to appeal with costs, holding that the applicant had not shown reasonable prospects of success or any compelling reason to hear the appeal.
Dynachem Holdings SA (Pty) Ltd v Michem Cleaning Supplies CC and Another (4832/2021) [2024] ZAMPMBHC 21 (26 March 2024)
The court found that the franchise agreement between Dynachem and the Respondents was bilateral and contained reciprocal obligations. Dynachem failed to perform its obligations under the agreement, including providing exclusive rights, technical expertise, marketing information, formulas, and support to the Respondents. As a result, the Respondents were entitled to invoke the exceptio non adimpleti contractus and refuse to comply with Dynachem’s demand for a full account and debatement. The court held that entitlement to a full account must be determined before considering debatement, and sin…
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Pick n Pay Retailers (Pty) Ltd v Abdoola and Another (D8121/2022) [2024] ZAKZDHC 11 (11 March 2024)
The defendants failed to deliver their plea within the prescribed time and did not provide a reasonable or satisfactory explanation for the delay. The exception raised by the defendants was found to be without merit and did not disclose a valid defence. The court determined that the defendants' conduct was mala fide and intended to delay the plaintiff's claim. The plaintiff's particulars of claim were found to be clear, concise, and to disclose a valid cause of action. Consequently, the application for condonation and upliftment of bar was dismissed, and default judgment was granted in favour…
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