South Africa Case Law

MSG Marketing (Pty) Ltd and Another v Firstrand Bank Ltd (2022/1321)

MSG Marketing (Pty) Ltd and Another v Firstrand Bank Ltd (2022/1321) [2023] ZAGPJHC 1224 (26 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/1321

Judge

S. Msibi

The High Court granted leave to appeal to the full bench in a dispute over merchant service agreement clauses and the bank’s withholding of funds after termination.

• Merchant Service Agreements
• Contractual Entitlement To Withhold Funds
• Leave To Appeal
• Interpretation Of Contractual Clauses
• Leave-to-appeal
• Merchant-service-agreements

Datacentrix (Pty) Ltd v O-Line (Pty) Ltd (891/2021)

Datacentrix (Pty) Ltd v O-Line (Pty) Ltd (891/2021) [2022] ZASCA 162 (25 November 2022)

Court

Supreme Court of Appeal

Case number

891/2021

Judges

Zondi, Molemela, Plasket, Mabindla-Boqwana, Makaula

The Supreme Court of Appeal held that O-Line’s cancellation notice did not comply with the contract’s strict procedure, so the appeal succeeded.

• Breach Of Contract
• Contract Cancellation
• Interpretation Of Contractual Clauses
• Contract-cancellation
• Breach-of-contract
• Interpretation-of-contractual-clauses

SIAS Joubert Constructions CC v D L Soko and Another (1778/2019)

SIAS Joubert Constructions CC v D L Soko and Another (1778/2019) [2020] ZAMPMBHC 25 (31 December 2020)

Court

Mbombela High Court, Mpumalanga

Case number

1778/2019

Judge

B A Mashile

The court found that the adjudicator's determination, once made an order of court and not challenged within the prescribed ten-day period, becomes final and binding upon the parties. The Applicant was entitled to enforce the determination as a contractual obligation in terms of Clause 7.2.2 of the adjudication rules. The Respondent's failure to challenge the determination within the stipulated period and subsequent compliance with the court order precluded any further referral to arbitration. The Second Respondent, therefore, lacked jurisdiction to arbitrate the dispute, and the Applicant was…

Source excerpt

• Enforcement Of Adjudicator Determination
• Arbitration Jurisdiction
• Finality Of Court Orders
• Interpretation Of Contractual Clauses

CMGM (Pty) Ltd v City Council of Johannesburg (524/87)

CMGM (Pty) Ltd v City Council of Johannesburg (524/87) [1989] ZASCA 7 (14 March 1989)

Court

Supreme Court of Appeal

Case number

524/87

Judges

Joubert, Van Heerden, Hefer, Steyn, F H Grosskopf

The court held the contractor’s termination of a sewer tunnel contract was premature because it had not allowed the council a reasonable time to elect under clause 68(4).

• Contract Termination
• Construction Contracts
• Interpretation Of Contractual Clauses
• Urgent Interdict
• Removal Of Property
• Construction-contracts