South Africa Case Law

Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees (16453/2023)

Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees (16453/2023) [2024] ZAWCHC 11; [2024] 2 All SA 49 (WCC); 2024 (4) SA 141 (WCC) (26 January 2024)

Court

Western Cape High Court, Cape Town

Case number

16453/2023

Judge

LekhULENI

The court found that although the order of 3 October 2023 was cast as interim, its effect was final and definitive for the parties. The order compelled the respondents to comply with franchise agreements that had already been cancelled and addressed past harm rather than preserving the status quo. The court held that the order disposed of jurisdictional and substantive defences and was not susceptible to alteration by the court of first instance. Applying the principles from Zweni and Lebashe Investment, the court concluded that the order fell under section 18(1) of the Superior Courts Act an…

Source excerpt

• Interim Interdict
• Execution Pending Appeal
• Franchise Agreement Dispute
• Jurisdiction Of Court
• Irreparable Harm
• Arbitration Clauses

Former Way Trade & Invest (Pty) Ltd v Bright Idea Projects 66 (Pty) Ltd (1341/2018)

Former Way Trade & Invest (Pty) Ltd v Bright Idea Projects 66 (Pty) Ltd (1341/2018) [2020] ZASCA 118 (1 October 2020)

Court

Supreme Court of Appeal

Case number

1341/2018

Judges

Wallis, Zondi, Mocumie, Goosen, Mabindla-Boqwana

The court found that the applicant failed to establish a right of occupation beyond the expiry of the franchise agreement, as no new binding agreement was concluded. The evidence showed that negotiations for a new franchise agreement were never finalised, and the applicant did not pay the required royalty fee or sign the necessary documents. The referral to arbitration under s 12B of the Petroleum Products Act did not oust the jurisdiction of the High Court, nor did it provide the applicant with a right to remain in occupation. The High Court correctly exercised its discretion in refusing a s…

Source excerpt

• Eviction
• Franchise Agreement
• Stay Of Proceedings
• Arbitration Under Petroleum Products Act
• Onus Of Proof
• Jurisdiction Of Court

Botha and Others v Eskom Holdings SOC Limited (UM144/2019)

Botha and Others v Eskom Holdings SOC Limited (UM144/2019) [2020] ZANWHC 75 (14 September 2020)

Court

North West High Court, Mafikeng

Case number

UM144/2019

Judge

M.E. Mahlangu

The court dismissed an application to stop Eskom disconnecting electricity, finding the applicants had not shown a clear right or lack of alternative remedy.

• Electricity Supply Agreement
• Termination Of Services
• Final Interdict
• Jurisdiction Of Court
• Alternative Remedy
• Final-interdict

Crisp and Others v Sharemax Investments (Pty) Ltd and Others (1939/15)

Crisp and Others v Sharemax Investments (Pty) Ltd and Others (1939/15) [2017] ZAGPPHC 737 (22 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

1939/15

Judge

E Molahlehi

Leave to appeal was refused. The court held that the scheme-of-arrangement orders remained valid until set aside and were not shown to be fraudulently obtained.

• Exception Procedure
• Scheme Of Arrangement
• Companies Act Section 311
• Jurisdiction Of Court
• Fraudulent Orders
• Non Joinder

Logan N.O and Others v BHP Billiton Energy Coal and Others (48137/12)

Logan N.O and Others v BHP Billiton Energy Coal and Others (48137/12) [2015] ZAGPJHC 160 (30 July 2015)

Court

South Gauteng High Court, Johannesburg

Case number

48137/12

Judge

P F Rossouw

The High Court upheld exceptions to claims seeking late proof of claims and expungement from a liquidation account, finding no cause of action was disclosed.

• Winding Up Of Companies
• Proof Of Claims
• Liquidation And Distribution Account
• Exceptions Procedure
• Jurisdiction Of Court
• Company-liquidation

Firstrand Bank Ltd T/A Criterion Finance, A Division of Wesbank v Driescher (2008/32119)

Firstrand Bank Ltd T/A Criterion Finance, A Division of Wesbank v Driescher (2008/32119) [2014] ZAGPJHC 265 (17 October 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2008/32119

Judge

FHD Van Oosten

Interlocutory application to uplift a bar for filing a replication failed because the proposed replication was legally unsustainable and the suretyship did not bind the defendant personally.

• Uplifting Of Bar
• Jurisdiction Of Court
• Suretyship Interpretation
• Estoppel
• Automatic Bar Rule 26
• Uplifting-of-bar

Petersen and Another v Sizwentsaluba VSP (24218/2012)

Petersen and Another v Sizwentsaluba VSP (24218/2012) [2013] ZAWCHC 83 (5 June 2013)

Court

Western Cape High Court, Cape Town

Case number

24218/2012

Judge

A.G. Binns-Ward

The High Court held that it could not decide the sufficiency of an account rendered under an interim arbitration award made an order of court; that issue belonged to the arbitrator.

• Arbitration Act Enforcement
• Interim Award
• Jurisdiction Of Court
• Debate Of Account
• Partnership Agreement
• Rectification Claim

HBR (Hola Bon Renaissance) Foundation v President of the Republic of South Africa and Others (CCT 11/11)

HBR (Hola Bon Renaissance) Foundation v President of the Republic of South Africa and Others (CCT 11/11) [2011] ZACC 10; 2011 (10) BCLR 1009 (CC) (31 March 2011)

Court

Constitutional Court

Case number

CCT 11/11

Judges

Ngcobo, Moseneke, Cameron, Froneman, Jafta, Khampepe, Mogoeng, Mthiyane, Nkabinde, Van der Westhuizen, Yacoob

The Constitutional Court refused direct access and dismissed an application challenging the Municipal Demarcation Board’s response to a request about Soweto’s municipal status.

• Direct Access
• Municipal Demarcation
• Jurisdiction Of Court
• Removal Of Board Members
• Costs In Constitutional Litigation
• Direct-access