Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Ramdhin v Rondebosch Medical Centre (Pty) Limited (18180/2024) [2024] ZAWCHC 287 (7 October 2024)
The court held that hospital admission privileges ended by operation of law when the doctor was suspended from practice under the Health Professions Act.
Du Plessis NO and Others v Van Niekerk and Others (836/2018) [2018] ZAFSHC 120; 2018 (6) SA 131 (FB) (26 June 2018)
The High Court held that trustees could not unilaterally force a co-trustee to vacate office under the trust deed without good cause or fairness.
Cumberland Hotel (Pty) Limited v MAA Enterprises (Pty) Ltd (MAHLB-000437-10) [2010] ZAGPPHC 302 (6 December 2010)
The court held that a fixed-term sublease expired by effluxion of time, rejected an implied right to renew, and granted eviction and costs.
Standard Bank of South Africa Ltd v Pool and Another (1270/2009) [2009] ZAKZDHC 42 (29 September 2009)
The court found that the declaration was susceptible to an interpretation that included an implied term requiring repayment in instalments, which was necessary to give business efficacy to the mortgage bond. The acknowledgment of indebtedness in the bond was sufficient for the plaintiff to rely upon without pleading the antecedent loan agreement. The exception was therefore dismissed as the declaration disclosed a cause of action and was neither vague nor embarrassing.
Source excerpt
UMMI Properties (Pty) Ltd v Cowsta Beleggings (Pty) Ltd and Another (1026/09) [2009] ZAECPEHC 18 (28 April 2009)
High Court case on whether a landlord could refuse consent to a sublease and cession, and whether a nightclub-type business could lawfully occupy the premises.
Martin v Western Cape Education Department and Another (C223/04) [2007] ZALCJHB 3 (6 December 2007)
The court found that both the ELRC resolution and the PSCBC resolution are silent on the payment of accrued leave upon resignation, and only provide for payment in cases of death, retirement, or medical boarding. The language and framework of the resolutions indicate that resignation was intentionally excluded as a qualifying event for payment of accrued leave. The applicant failed to establish that a term should be implied into the resolutions to allow payment upon resignation. Furthermore, the applicant did not prove that the respondent was responsible for his inability to take leave, as th…
Source excerpt
Odgers v De Gersigny (32/06) [2006] ZASCA 125; 2007 (2) SA 305 (SCA) (30 November 2006)
The Supreme Court of Appeal held that the maintenance agreement between the parties was contractual and governed by its express terms. The agreement specified the duration and quantum of maintenance payments but was silent on termination upon remarriage or death. The court found that, in the absence of an express provision, no implied term could be read into the contract to terminate maintenance on remarriage or death, especially where such an implied term would conflict with the express duration specified. The court distinguished the authorities relied upon by the appellant, noting that they…
Source excerpt
Hilti (South Africa) (Pty) Ltd v Vodacom Services Provider Company (Pty) Ltd and Another (20829/02) [2006] ZAGPHC 91 (8 September 2006)
The court refused to imply tacit terms into a cellular services contract to credit the plaintiff for dropped calls and provisionally dismissed the action with costs.
Strydom v Duvenhage NO en 'n Ander (569/96) [1998] ZASCA 70; 1998 (4) SA 1037 (SCA); [1998] 4 All SA 492 (A) (18 September 1998)
The Supreme Court of Appeal held that there was no express or tacit agreement obliging the purchaser to pay VAT in addition to the purchase price. The contract did not mention VAT, and the evidence did not support a common intention to impose such an obligation. The bystander test was not satisfied, as it was not clear that both parties would have agreed that the purchaser should pay VAT if asked at the time of contracting. The obligation to pay VAT rests on the vendor, and section 64(1) of the VAT Act deems the price to include VAT unless otherwise specified. The appeal was upheld, and the o…
Source excerpt
Minister of Public Works and Land Affairs and Another v Group Five Building Ltd. (653/94) [1996] ZASCA 63; 1996 (4) SA 280 (SCA); (30 May 1996)
The Supreme Court of Appeal held that Claim D, being a claim for damages for breach of contract, became prescribed because the breaches and resulting losses occurred prior to July 1987, and the contractor either knew or could have known of the facts giving rise to the debt at that time. The court rejected the argument that prescription only commenced upon completion of the contract or final certification, finding that the right to claim damages arose at the time of breach and was not dependent on the completion of the contract. The court further found that there was no reciprocal debt to susp…
Source excerpt
Explore more
