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South Africa decisions
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Kerja (Pty) Ltd v Milga Properties (Pty) Ltd (Leave to Appeal) (2024-049477) [2025] ZAGPPHC 478 (16 May 2025)
The High Court dismissed Kerja’s application for leave to appeal against an eviction order, finding no reasonable prospects of success.
Afgri Operations (Pty) Ltd v Oberholzer and Others (1306/2020) [2022] ZAWCHC 6 (10 February 2022)
The High Court dismissed an exception to a plea and counterclaim arising from a commission agreement and a sale of land, holding the pleaded defence and fictional fulfilment claim were legally tenable.
Buffet Investment Services (Pty) Ltd v Goncalves and Others (33073/2019) [2021] ZAGPJHC 378 (3 June 2021)
The High Court enforced a loan agreement against co-principal debtors and guarantors, rejected a demand-and-statements defence, and dismissed a counterclaim for debatement.
Rooyendal (Pty) Ltd v The Minister of Land Affairs (20049/14) [2015] ZASCA 108 (21 August 2015)
The Supreme Court of Appeal dismissed claims for reimbursement of farming input and development costs, holding the written deeds of sale excluded any prior oral agreements.
K Carrim Commercial Properties (Pty) Limited v Urban Hip Hop Hotels (Pty) Limited (17146/13) [2015] ZAGPPHC 528 (12 June 2015)
The High Court held that the signed MOU was the sole memorial of the parties’ agreement and that the unsigned standard management agreement did not apply.
Capstone 32 (Pty) Ltd v Du Preez (16205/2013) [2014] ZAGPPHC 349 (19 February 2014)
The court dismissed an exception to a plea in a dispute over a written agency and commission agreement and the admissibility of alleged oral terms.
Alte Eiendomme v Schutte NO and Others (4110/2006) [2011] ZAFSHC 56 (17 March 2011)
The High Court dismissed an application for absolution from the instance in an estate-agent commission dispute, holding the written commission agreement could support the plaintiff’s claim.
Potgieter v George Municipality (14/09) [2010] ZAWCHC 202; (2011) 32 ILJ 104 (WCC) (23 September 2010)
The court held that the plaintiff’s municipal employment contract was linked to the executive mayor’s term, so termination after the mayor left office was not repudiation.
Van den Berg en Ander v De Bruin en Ander (3095/06) [2010] ZAFSHC 55 (3 June 2010)
High Court ruling on whether evidence of an alleged oral lease could be led despite a prior written lease with an integration clause.
Philmatt (Pty) Ltd. v Mosselbank Developments CC (323/94) [1995] ZASCA 154; 1996 (2) SA 15 (SCA); [1996] 1 All SA 296 (A); [1996] 1 All SA 296 (A) (29 November 1995)
The Supreme Court of Appeal held that the respondent was entitled to introduce extrinsic evidence of a contemporaneous oral suspensive condition, namely that the sale of the 23 erven would only take effect if Wale Street procured the necessary finance. This oral term was material and not incorporated into the written deed of sale, rendering the sale void under s 2(1) of the Alienation of Land Act. The parol evidence rule does not prevent a party from adducing evidence to challenge the validity of a contract, as opposed to altering its terms. The respondent was therefore not obliged to transfe…
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