Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
5 court collections
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2025] ZAGPPHC 518

Badenhorst v Diale Mogashoa Incorporated Attorneys and Others (2022-017825)

Badenhorst v Diale Mogashoa Incorporated Attorneys and Others (2022-017825) [2025] ZAGPPHC 518 (23 May 2025)

The High Court refused summary judgment in a legal-fees dispute, holding that the defendants disclosed a bona fide defence based on a payment clause linked to RAF receipt.

  • Summary Judgment
  • Contractual Time Clauses
  • Indemnification
  • Attorney Client Fee Dispute
  • Summary-judgment
  • Contractual-time-clauses
Read case analysis
Civil Procedure [2025] ZAECMHC 64

Notshe Attorneys v State Attorney, Mthatha and Others (Leave to Appeal) (1071/2022)

Notshe Attorneys v State Attorney, Mthatha and Others (Leave to Appeal) (1071/2022) [2025] ZAECMHC 64 (20 February 2025)

The High Court granted leave to appeal to the State Attorney and Minister of Justice, dismissed the Minister of Police’s leave application, and refused a section 18(3) execution request.

  • Leave To Appeal
  • Section 18 Application
  • Joinder Of Parties
  • Outsourcing Of State Legal Work
  • Indemnification
  • Irreparable Harm
Read case analysis
Civil Procedure [2023] ZAFSHC 28

Highpoint Manufacturing (Pty) Limited v Emerson Assets Holdings (Pty) Ltd and Others (3963/2021)

Highpoint Manufacturing (Pty) Limited v Emerson Assets Holdings (Pty) Ltd and Others (3963/2021) [2023] ZAFSHC 28 (6 February 2023)

The court found that the applicant failed to provide a satisfactory explanation for not issuing the third-party notice before the close of pleadings. The applicant was aware of the third respondent's involvement and the alleged defects well before the relevant dates, as evidenced by correspondence and meetings. The explanation that knowledge of the factory fault only arose after discovery was found to be contradictory and false. Furthermore, the warranty relied upon by the applicant had expired, and any claim based on it was time-barred. On a conspectus of all the evidence and facts, the appl…

  • Third Party Procedure
  • Indemnification
  • Prescription Act
  • Warranty Liability
  • Joinder
  • Delay In Application
Read case analysis
Commercial And Corporate [2022] ZASCA 127

Zurich Insurance Company South Africa Ltd v Gauteng Provincial Government (734/2021)

Zurich Insurance Company South Africa Ltd v Gauteng Provincial Government (734/2021) [2022] ZASCA 127; [2023] 1 All SA 368 (SCA); 2023 (1) SA 447 (SCA) (28 September 2022)

The Supreme Court of Appeal held that prescription did not begin to run until the province acquired actual knowledge of the damage in 2014, following expert investigation, and thus the claim was not prescribed when summons was served in 2015. The Court found, based on expert evidence, that the rock mass surrounding the tunnel void is an essential component of the tunnel and forms part of the property insured under the policy. The Court further held that the High Court's order was clear, enforceable, and consistent with established practice, properly separating liability from quantum for later…

  • Insurance Contracts
  • Prescription Act
  • Declaratory Relief
  • Policy Interpretation
  • Indemnification
  • Construction Project Disputes
Read case analysis
Civil Procedure [2009] ZAFSHC 111

Eksteen v ABSA Bank Ltd and Others (4439/2007)

Eksteen v ABSA Bank Ltd and Others (4439/2007) [2009] ZAFSHC 111 (30 October 2009)

The plaintiff gave proper notice to the defendant and called upon it to intervene regarding the eviction. He was prohibited by law from possessing the vehicle due to tampered engine and chassis numbers, as per Section 68(6) of the National Road Traffic Act. The plaintiff was not obliged to apply for a SAPVIN number, as lawful entitlement to possession was not established. The plaintiff put up a sufficient virilis defensio and did everything reasonably possible to allow the defendant to protect his possession. The defendant failed to act and is therefore liable to indemnify the plaintiff for t…

  • Warranty Against Eviction
  • Instalment Sale Agreement
  • Virilis Defensio
  • Forfeiture Of Property
  • National Road Traffic Act
  • Indemnification
Read case analysis
Delict [2008] ZAECHC 101

Pook v Nelson Mandela Bay Municipality and Another (3697/06)

Pook v Nelson Mandela Bay Municipality and Another (3697/06) [2008] ZAECHC 101 (26 June 2008)

The High Court held the municipality liable for a plaintiff’s fall on a defective pavement and ordered compensation, with quantum and indemnification left for later.

  • Municipal Liability
  • Negligence
  • Maintenance Of Public Pavements
  • Damages Quantum
  • Indemnification
  • Municipal-liability
Read case analysis
Commercial And Corporate [2001] ZASCA 107

NBS Bank Ltd v Cape Produce Company Pty Ltd and Others (281/99)

NBS Bank Ltd v Cape Produce Company Pty Ltd and Others (281/99) [2001] ZASCA 107; [2002] 2 All SA 262 (A); 2002 (1) SA 396 (SCA) (28 September 2001)

The court held that NBS Bank was bound by its branch manager’s apparent authority to issue deposit undertakings and repay investors, but Trevor Bradley was liable to indemnify the bank.

  • Ostensible Authority
  • Agency By Estoppel
  • Fraudulent Misrepresentation
  • Contractual Liability
  • Unjustified Enrichment
  • Indemnification
Read case analysis

About this LexChat collection

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.