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South Africa Case Law

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Land And Property [2024] ZAECMKHC 55

On Farm Holdings (Pty) Ltd v Van den Heever N.O. and Others (864/2020)

On Farm Holdings (Pty) Ltd v Van den Heever N.O. and Others (864/2020) [2024] ZAECMKHC 55; [2024] 3 All SA 629 (ECG) (21 May 2024)

The High Court refused absolution from the instance after the plaintiff’s case, holding it was not beyond doubt that the dairy agreement was a lease subject to SALA.

  • Subdivision Of Agricultural Land Act
  • Contractual Interpretation
  • Joint Venture Agreements
  • Absolution From The Instance
  • Onus Of Proof
  • Lease Vs Joint Venture
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Commercial And Corporate [1996] ZASCA 140

Namibian Minerals Corporation Ltd. v Benguella Concessions Ltd. (430/94)

Namibian Minerals Corporation Ltd. v Benguella Concessions Ltd. (430/94) [1996] ZASCA 140; 1997 (2) SA 548 (SCA); [1997] 1 All SA 191 (A); (27 November 1996)

Appeal over a mining joint venture’s farm-in clause and contract certainty. The court held the clause too vague in key respects, but also discussed timing and interpretation.

  • Contract Vagueness
  • Joint Venture Agreements
  • Option Clauses
  • Parol Evidence Rule
  • Contractual Interpretation
  • Contract-vagueness
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.