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Fourche v A to Z Motors CC (27397/2021) [2022] ZAGPPHC 74 (8 February 2022)
Summary judgment was granted for R3 million plus interest and punitive costs after the court found the defendant’s denial of the investment agreement was not bona fide.
Slip Knot Investments 777 (Pty) Ltd v Martycell Properties CC (55004/2012) [2016] ZAGPPHC 926 (30 September 2016)
The High Court varied an earlier interlocutory order to preserve monthly net rental income pending trial, finding changed circumstances and a prima facie right.
Sampsons Building (Pty) Ltd v Stanlib Wealth Management Ltd and Another (33002/2004) [2009] ZAGPPHC 34 (28 April 2009)
The court held that payment by cheque is conditional upon the cheque being honoured. Since the cheque for R5 million was dishonoured, the plaintiff did not comply with its obligation to make payment under the investment agreement. The obligation of the first defendant to invest funds was consecutive to the plaintiff's obligation to provide those funds. As the plaintiff failed to perform its part of the contract, it could not claim performance from the first defendant. The plaintiff's claim was therefore dismissed, and it was ordered to pay the costs of the first defendant, including the costs…
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