South Africa Case Law

Air Cycle Engineering CC v ATW Construction (Pty) Ltd (A211/2023)

Air Cycle Engineering CC v ATW Construction (Pty) Ltd (A211/2023) [2024] ZAGPPHC 425 (6 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

A211/2023

Judges

S.K. Hassim, H. Kooverjie

The court found that the plaintiff's affidavit in support of summary judgment did not comply with rule 14(2)(b) of the Magistrates' Court Rules, as it failed to identify any point of law relied upon and did not explain why the defence as pleaded did not raise any issue for trial. The defendant's plea and counterclaim, supported by annexed invoices and proof of payment, established that the work was incomplete and defective, thus raising triable issues. The court held that the defences were valid in law and sufficiently particularised, and that the plaintiff's own pleadings admitted incomplete…

Source excerpt

• Summary Judgment
• Locatio Conductio Operis
• Exceptio Non Adimpleti Contractus
• Contractual Performance
• Liquidated Claim
• Onus Of Proof

Botha and Others v Zanro Fashion CC and Another (026742-2022)

Botha and Others v Zanro Fashion CC and Another (026742-2022) [2023] ZAGPPHC 1181 (28 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

026742-2022

Judge

WJ du Plessis

The High Court dismissed an exception to amended particulars of claim in a contract dispute, holding the pleadings sufficiently alleged a cause of action.

• Pleading Requirements
• Breach Of Contract
• Locatio Conductio Operis
• Exception Procedure
• Exception-procedure
• Pleading-requirements

Hamsa Consulting Engineers (Pty) Ltd v Sigodi Marah Martin Management Support (Pty) Ltd (32290/2020)

Hamsa Consulting Engineers (Pty) Ltd v Sigodi Marah Martin Management Support (Pty) Ltd (32290/2020) [2023] ZAGPPHC 759 (29 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

32290/2020

Judge

Millar

The High Court held that a written engineering-services agreement was binding and enforceable, rejecting vagueness and agreement-to-agree defences.

• Contractual Liability
• Locatio Conductio Operis
• Agreement To Agree
• Vagueness In Contracts
• Reciprocal Obligations
• Contract-law

Raft Crete CC v Pro Team Construction (Pty) Ltd and Another (27017/2020)

Raft Crete CC v Pro Team Construction (Pty) Ltd and Another (27017/2020) [2022] ZAGPPHC 964 (25 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

27017/2020

Judge

Tlhapi

The High Court dismissed a motion for payment and costs after finding the alleged contract and suretyship were not properly proved on the papers.

• Suretyship
• Locatio Conductio Operis
• Motion Proceedings
• Contractual Liability
• Primary Facts In Affidavits
• Motion-proceedings

Schmidtsdrifte Communal Property Association v Steenkamp (CA&R 85/08)

Schmidtsdrifte Communal Property Association v Steenkamp (CA&R 85/08) [2009] ZANCHC 70 (20 November 2009)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 85/08

Judges

KGOMO, MAJIEDT

High Court appeal on exceptions: the summons disclosed a cause of action, but it was vague and embarrassing and had to be amended.

• Exception Procedure
• Vague And Embarrassing Pleading
• Agency
• Locatio Conductio Operis
• Exception-procedure
• Vague-and-embarrassing-pleading

Frank v Premier Hangers CC (11821/05)

Frank v Premier Hangers CC (11821/05) [2007] ZAWCHC 21; 2008 (3) SA 594 (C); (15 May 2007)

Court

Western Cape High Court, Cape Town

Case number

11821/05

Judge

B M Griesel

Court upheld in part an exception to a plea and counterclaim, striking out the counterclaim but allowing the defendant to amend its pleadings.

• Cession
• Set Off
• Counterclaim
• Concursus Creditorum
• Locatio Conductio Operis
• Set-off

EC Chenia and Sons CC v Lamé and Van Blerk (303/05)

EC Chenia and Sons CC v Lamé and Van Blerk (303/05) [2006] ZASCA 10; 2006 (4) SA 574 (SCA); [2006] SCA 16 (RSA) (17 March 2006)

Court

Supreme Court of Appeal

Case number

303/05

Judges

Brand, Lewis, Heher

The Supreme Court of Appeal held that the contract was express, formed by written offer and oral acceptance, and dismissed the appeal on pleadings prejudice.

• Contractual Claim
• Locatio Conductio Operis
• Pleadings And Evidence
• Express Vs Tacit Contract
• Contract-law
• Pleadings-and-evidence

Newstadt v H Amm (Pty) Limited (2328/2002)

Newstadt v H Amm (Pty) Limited (2328/2002) [2005] ZAFSHC 20 (20 January 2005)

Court

Free State High Court, Bloemfontein

Case number

2328/2002

Judge

Musi

The High Court found an oral contract for electrical work, but held the plaintiff failed to prove a contractual duty to supply safe ladders.

• Locatio Conductio Operis
• Contractual Duty Of Care
• Negligence
• Employee Status
• Oral-contract
• Contractual-duty-of-care

Pellow and Another v Club Refrigeration CC (469/03)

Pellow and Another v Club Refrigeration CC (469/03) [2004] ZASCA 91; [2006] 3 All SA 420 (SCA); 2006 (1) SA 230 (SCA) (29 September 2004)

Court

Supreme Court of Appeal

Case number

469/03

Judges

Scott, Mthiyane, Cloete, Erasmus, Jafta

The Supreme Court of Appeal held that Club Refrigeration retained ownership of unpaid movable goods supplied under a JBCC building contract and could claim the sale proceeds after the employer’s liquidation.

• Reservation Of Ownership
• Locatio Conductio Operis
• Insolvency Of Employer
• Movable Property
• Contract Interpretation
• Reservation-of-ownership

Deloitte Haskins & Sells Consultants (Pty) Ltd. v Bowthorpe Hellerman Deutsch (Pty) Ltd. (303/1989)

Deloitte Haskins & Sells Consultants (Pty) Ltd. v Bowthorpe Hellerman Deutsch (Pty) Ltd. (303/1989) [1990] ZASCA 136; 1991 (1) SA 525 (AD); [1991] 1 All SA 400 (A) (16 November 1990)

Court

Supreme Court of Appeal

Case number

303/1989

Judges

Van Heerden, Milne, Kumleben, F H Grosskopf, Nicholas

The court held that prescription for a contractual claim under clause 15 began only when the respondent actually hired a third party and incurred costs, so the claim was not prescribed.

• Prescription
• Breach Of Contract
• Locatio Conductio Operis
• Contractual Remedies
• Breach-of-contract
• Contractual-remedies