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South Africa decisions
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CTI Coldstore Pty Ltd v Chilleweni Cold Storage Pty Ltd (2025/028819) [2025] ZAGPJHC 328 (27 March 2025)
The High Court held that a right of first refusal in a sublease was not triggered because the lessor intended to use the premises itself, not re-lease them.
S.L.M v B.M (2017/30005) [2023] ZAGPJHC 546 (23 May 2023)
The High Court dismissed a challenge to a divorce settlement, holding that maintenance payable until death could not be read to end on remarriage or cohabitation.
Ithuba Holdings RF (Pty) Ltd v National Lotteries Commission and Others (54314/21) [2022] ZAGPPHC 141 (7 March 2022)
The High Court granted Ithuba leave to appeal against an interim order, finding reasonable prospects on whether the order created a contract and on review-related issues.
Firstrand Bank LTD v Wolmarans N.O and Others (M442/2017) [2018] ZANWHC 40 (30 August 2018)
The court found that the fourth respondent failed to provide evidence of being forced to sign the suretyship, being denied legal advice, or being in an unequal bargaining position. The terms of the suretyship were clear, unambiguous, and not manifestly unreasonable or unfair. The fourth respondent, as a director of the principal debtor, directly benefitted from the credit facility and was forewarned of the agreement's burdensome nature. The constitutional arguments raised were unsupported by evidence and did not demonstrate infringement of rights or public policy. The court held that the prin…
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Bredenkamp and Others v Standard Bank of South Africa Ltd and Another (09/7907) [2009] ZAGPJHC 30; 2009 (6) SA 277 (GSJ) (31 July 2009)
The court held that Standard Bank could terminate the banking relationship on reasonable notice and dismissed the application, finding no constitutional unfairness.
Price Waterhouse Coopers Inc and Others v National Potato Co-operative Ltd (448/2003) [2004] ZASCA 64; [2004] 3 All SA 20 (SCA); 2004 (9) BCLR 930 (SCA); 2004 (6) SA 66 (SCA) (1 June 2004)
The court held that third-party litigation funding for a share of the proceeds is not per se against public policy and is not a defence to the claim.
Bank of Lisbon & South Africa v Ornelas and Another (53/85) [1988] ZASCA 35; [1988] 2 All SA 393 (A) (30 March 1988)
The court held that the exceptio doli generalis remains a substantive defence and dismissed the bank’s appeal, refusing enforcement of the strict securities wording.
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