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South Africa decisions
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Van Heerden and Another v MT Earthmoving CC and Others (CIV APP FB20/2023) [2025] ZANWHC 3; [2025] 1 All SA 822 (NWM) (6 January 2025)
High Court appeal over loan repayment, set-off and third-party payment instructions dismissed with costs.
Kometsi N.O. and Others v Kopano Uitkyk Farming Enterprise (Pty) Ltd (223/2023) [2023] ZAFSHC 401 (19 October 2023)
The court found that the requirements for lis pendens were satisfied due to the existence of pending litigation involving substantially the same parties and issues relating to the rights of possession and use of the property. The disputes regarding the joint venture and stipulatio alteri were both factual and legal in nature and could not be resolved on the papers. The court exercised its discretion to stay the proceedings and postpone the main application pending the outcome of the related cases. The applicants failed to demonstrate reasonable prospects of success on appeal, and the exercise…
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Smit and Others v Origize 166 Strand Real Estate (Pty) Ltd and Others (710/19) [2020] ZASCA 132 (19 October 2020)
The Supreme Court of Appeal held that a power of attorney granted as security for a debt was irrevocable until the debt was repaid, and upheld the appeal.
Municipal Employees' Pension Fund and Others v Chrisal Investments (Pty) Ltd and Others (792/19) [2020] ZASCA 116; [2020] 4 All SA 686 (SCA); 2022 (1) SA 137 (SCA) (1 October 2020)
The Supreme Court of Appeal held that the co-ownership between the parties was bound co-ownership, arising from a complex contractual relationship governing the operation of the Letting Enterprise and the immovable properties. The sale agreement and COA established an ongoing joint business venture with detailed provisions for its duration, management, and termination. The actio communi dividundo is not available in cases of bound co-ownership, and the right to demand partition is excluded until the underlying contractual relationship is terminated. The application by Adamax was based on a mi…
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Sebokuboku Constructions and Water Supply CC v PJMJ Engineering and Plant Hire CC (36/2015) [2019] ZALMPPHC 34 (18 July 2019)
The High Court found an oral partnership existed between the parties for a road project and ordered payment of outstanding disbursements, interest, an account, debatement, and costs.
Jehring and Others v Times Media Group (A279/2017) [2018] ZAWCHC 190 (21 August 2018)
The court found that the appellants failed to prove the existence of the expansive oral agreement pleaded as having been concluded on 4 September 2012. The evidence established only a limited interim arrangement for the rollout of 16 kiosks, with Mr Jehring to receive a management fee and certain resources allocated, pending further negotiations. Material terms such as shareholding, funding, and duration were not agreed, and the parties expressly contemplated future negotiation. The respondent's acquisition of Avusa transferred only the limited obligations arising from this interim arrangemen…
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Actis Impact Limited and Mco v Impact Holdings (Mauritius S.A.) Limited (LM052May17) [2017] ZACT 17 (11 July 2017)
The Competition Tribunal approved Actis Impact Limited and MCo’s acquisition of Impact Holdings (Mauritius) unconditionally, finding no competition or public interest concerns.
Grindrod Holdings (South Africa) Proprietary Limited v RBT Grindrod Terminals Proprietary Limited (LM217Feb17) [2017] ZACT 33; [2017] 1 CPLR 288 (CT) (29 March 2017)
The Competition Tribunal approved Grindrod Holdings’ increase in its stake in RBT Grindrod Terminals, finding no competition or public interest concerns.
Von Landsberg and Another v De Beer (36842/2016) [2017] ZAGPPHC 810 (23 February 2017)
The High Court granted condonation for late leave-to-appeal steps but dismissed the leave to appeal against summary judgment, finding no reasonable prospects of success.
Georgiou v Tyres 2000 (Heriotdale) (Pty) Limited (33788/2014) [2015] ZAGPJHC 206 (16 September 2015)
High Court dispute over a renovation joint venture: the court rejected the defendant’s overdraft-interest expense and ordered payment of the plaintiff’s claimed materials costs.
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