South Africa Case Law

De Klerk v De Lange and Another

De Klerk v De Lange and Another [2023] ZAGPPHC 306; 49408/2020 (2 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

49408/2020

Judge

E van der Schyff

The court found the applicant's version to be credible, reliable, and probable, supported by the factual chronology, WhatsApp messages, and the lack of challenge to material aspects of her evidence. The first respondent's evidence was inconsistent with his affidavits and the agreed common cause facts, and his reliance on a prior shareholders' agreement was misplaced. The applicant proved on a balance of probabilities that the first respondent undertook to pay her R1,000,000 for her shares by the end of November 2019 and R20,000 per month until payment. The applicant is entitled to delivery of…

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• Shareholder Dispute
• Oral Agreement
• Specific Performance
• Interest A Tempore Morae
• Company Law Remedies

Coogal Finance (Pty) Ltd [In Liquidation] (Registration Number 2005/027362/07) and Another v Sumeil (Pty) Ltd (Registration Number 2013/146387/07) and Another (3642/2020)

Coogal Finance (Pty) Ltd [In Liquidation] (Registration Number 2005/027362/07) and Another v Sumeil (Pty) Ltd (Registration Number 2013/146387/07) and Another (3642/2020) [2021] ZAFSHC 200 (26 August 2021)

Court

Free State High Court, Bloemfontein

Case number

3642/2020

Judge

Naidoo

The court found insufficient evidence of unconscionable abuse of Coogal’s juristic personality by Nel or Sumeil to justify piercing the corporate veil under section 20(9) of the Companies Act 71 of 2008. The extracts from insolvency interrogations and financial records did not establish fraudulent or improper conduct, nor that Coogal was used as a device to conceal facts. Regarding provisional liquidation, Sumeil was not shown to be factually or commercially insolvent, and its financial statements demonstrated ability to pay debts. Although Sumeil raised a dispute regarding its indebtedness t…

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• Piercing Corporate Veil
• Provisional Liquidation
• Company Indebtedness
• Bona Fide Dispute
• Interest A Tempore Morae

Courier-It S.A (Pty) Ltd v Frankees (Pty) Ltd and Another (17044/2020)

Courier-It S.A (Pty) Ltd v Frankees (Pty) Ltd and Another (17044/2020) [2021] ZAWCHC 138 (8 July 2021)

Court

Western Cape High Court, Cape Town

Case number

17044/2020

Judge

LG Nuku

The court found that the respondents failed to establish that the applicant's claim was compromised. The offer of R50,000 in full and final settlement, communicated by the first respondent, did not result in a binding compromise, as the applicant did not unequivocally accept the offer. The applicant's retention of the payment was permitted by the terms of the offer, which allowed for a refund but did not obligate it. The applicant's subsequent request for further information and reconciliation was inconsistent with acceptance of the compromise. The invoices rendered by the applicant were not…

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• Suretyship
• Compromise Of Claim
• Contractual Liability
• Motion Proceedings
• Interest A Tempore Morae

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (72470/2018)

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (72470/2018) [2020] ZAGPPHC 327 (9 April 2020)

Court

North Gauteng High Court, Pretoria

Case number

72470/2018

Judge

F W Botes

The High Court granted leave to appeal against an order dismissing the matter, finding that several novel issues raised reasonable prospects of success on appeal.

• Leave To Appeal
• Copyright Infringement
• Interest A Tempore Morae
• Compound Interest
• Promotion Of Administrative Justice Act
• Attachment Of Bank Account

TND Risk Management CC v Mahikeng Local Municipality (M566/2016)

TND Risk Management CC v Mahikeng Local Municipality (M566/2016) [2018] ZANWHC 44 (4 October 2018)

Court

North West High Court, Mafikeng

Case number

M566/2016

Judge

PL Nobanda

The High Court held that the plaintiff proved entitlement to payment for landfill services rendered in most months claimed, but not August 2015.

• Breach Of Contract
• Specific Performance
• Quantum Of Damages
• Interest A Tempore Morae
• Breach-of-contract
• Unpaid-invoices

Van Dyk v FJ Le Roux t/a FJ Le Roux Attorneys and Others (62521/2014)

Van Dyk v FJ Le Roux t/a FJ Le Roux Attorneys and Others (62521/2014) [2016] ZAGPPHC 32 (25 January 2016)

Court

North Gauteng High Court, Pretoria

Case number

62521/2014

Judge

E.M. Kubushi

The court found that the suspensive condition requiring the applicant to provide a bank guarantee within sixty days was not fulfilled. The applicant's subsequent conduct did not amount to a valid waiver of the condition, as any waiver must occur before the expiry of the stipulated period. Once the period lapsed, the agreement ceased to exist and could not be revived by unilateral action. Consequently, the first respondent had no legal basis to retain the funds paid into his trust account, as no party had a lien or right of retention over the money. The applicant was entitled to a refund of th…

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• Suspensive Condition
• Refund Of Trust Funds
• Contractual Lapse
• Interest A Tempore Morae

Van Der Laarse v Minister of Police and Another (31378/2012)

Van Der Laarse v Minister of Police and Another (31378/2012) [2014] ZAGPPHC 614 (18 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

31378/2012

Judge

Ebersohn

High Court damages award for unlawful arrest and detention, later amended under Rule 42(1)(b) to correct interest dates and replace the original orders.

• Unlawful Arrest
• Detention
• Damages
• Interest A Tempore Morae
• Costs
• Rule 42 Amendment

Van Der Laarse v Minister of Police and Another (31378/2012)

Van Der Laarse v Minister of Police and Another (31378/2012) [2013] ZAGPPHC 536 (18 October 2013)

Court

North Gauteng High Court, Pretoria

Case number

31378/2012

Judge

Ebersohn

The High Court awarded damages for unlawful arrest and detention after police conceded the merits. The plaintiff received compensation, costs, and interest.

• Unlawful Arrest
• Detention Conditions
• General Damages
• Contumelia
• Interest A Tempore Morae
• Unlawful-arrest

Goba (Pty) Ltd v Rohrich NO and Others (953/2008)

Goba (Pty) Ltd v Rohrich NO and Others (953/2008) [2009] ZAECPEHC 33 (21 July 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

953/2008

Judge

Dambuza

The court held that the trust’s silence, in a longstanding commercial relationship, accepted revised fee proposals for engineering services and ordered payment.

• Contractual Silence Acceptance
• Professional Services Fees
• Duty To Speak
• Quantum Of Claim
• Interest A Tempore Morae
• Contractual-silence

Stocks Building Gauteng (Pty) Ltd v Federated Insurance Guarantee Brokers (Pty) Ltd (10406/2006)

Stocks Building Gauteng (Pty) Ltd v Federated Insurance Guarantee Brokers (Pty) Ltd (10406/2006) [2009] ZAKZDHC 7 (3 April 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

10406/2006

Judge

Van der Reyden

The court held that the present matter was not materially distinguishable from the Full Bench decision in Federated Insurance Guarantee Brokers (Pty) Ltd v Johannesburg Development Agency (Pty) Ltd. The guarantee issued by the respondent was payable upon written demand following cancellation of the subcontract due to default, as stipulated in clause 5 of the JBCC agreement. The respondent's liability was triggered by the applicant's compliance with the contractual requirements for demand and cancellation. The respondent's initial defence regarding non-compliance was abandoned, and its counsel…

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• Construction Guarantee
• Jbcc Subcontract Agreement
• Payment On Demand
• Interpretation Of Contract
• Interest A Tempore Morae