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South Africa decisions
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Martens v Sapor Rentals (Pty) Limited (2022/017041) [2025] ZAGPJHC 182 (24 February 2025)
The High Court dismissed an application to rescind a default judgment, finding no satisfactory explanation for the delay, wilful default, or prima facie defence.
SD Recruitment (Pty) Ltd v Wagner and Others (20987/2024) [2025] ZAWCHC 28 (29 January 2025)
The court found that while restraint of trade agreements are generally enforceable, the applicant failed to establish urgency or the absence of substantial redress in the ordinary course, given the penalty clause limiting damages to R100,000. The restraint was found to be overly broad in geographical scope and not justified by a legitimate protectable interest, as Wagner's new role did not compete with the applicant and no evidence of breach of confidentiality was presented. The applicant's remedy lies in a damages claim, not an urgent interdict. The application was dismissed, and costs award…
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Capitalbox Green Energy Finance (Pty) Ltd v Baruk Petroleum (Pty) Ltd and Others (1734/2024) [2024] ZAFSHC 341 (22 October 2024)
Summary judgment was granted only for return of listed equipment. The balance of the monetary claim was left for trial because bona fide defences and contractual uncertainty remained.
Consortium Comprising KC Cottrell Co Ltd and Others v Santam Limited and Others (2023/000702) [2024] ZAGPJHC 598 (26 June 2024)
The court found that the interim order restraining Santam from making payment under the performance guarantee is not appealable as it does not meet the Zweni criteria of finality, definitiveness, or disposal of substantial relief. Recent jurisprudence allows for appealability based on the interests of justice, but the applicant failed to demonstrate any constitutional interest or irreparable harm. The plant is complete, and the employer is deriving income, so the prejudice that might justify immediate payment does not exist. The finding of fraud further weighs against granting leave to appeal…
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PPT Group (Pty) Ltd v Bitco Telecoms (Pty) Ltd (2023/034641) [2024] ZAGPJHC 569 (30 May 2024)
The High Court held that Mr Silva’s attendance at an unrelated meeting did not breach clause 28.1, so the respondent’s cancellation was repudiatory.
Pinase and Associates CC v Department of Health Free State and Others (4112/2020) [2023] ZAFSHC 331 (18 August 2023)
Summary judgment was refused where the claim was found to be for damages, not a liquidated amount, and the defendants raised triable defences.
Freeman and Another v Beckett and Another (17570/2022) [2023] ZAGPJHC 896 (11 August 2023)
High Court summary judgment granted for liquidated damages arising from breach of a property sale agreement, including reduced resale price, rent, and utilities.
Pendigo Trade and Investment (Pty) Ltd t/a ITEC Finance v Potgieter (9928/2022) [2023] ZAWCHC 114 (22 May 2023)
High Court summary judgment granted against a surety for arrears and future rentals under a hire agreement. The court held the penalty defence was inadequately supported.
Goscor Finance (PTY) Ltd and Another v Shakgapicle Trading and Projects Limited and Another (6822/2022) [2022] ZAGPJHC 860 (31 October 2022)
Summary judgment was granted for rental arrears, termination penalties, liquidated damages, repair costs, service fees, interest, and attorney-client costs.
Casper Jacobs Konstruksie CC v Minister of Police (28360/2019) [2022] ZAGPPHC 613 (24 August 2022)
The court held that the contractor gave timely notice of delay and was entitled to an extension of time and payment under the construction contract.
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