South Africa Case Law

Broadband Infraco SOC Limited v Eskom Holdings SOC Limited and Another (2023/062380)

Broadband Infraco SOC Limited v Eskom Holdings SOC Limited and Another (2023/062380) [2023] ZAGPJHC 1343 (13 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/062380

Judge

Ingrid Opperman

The High Court found Eskom in contempt for failing to comply with an interim order, holding that leave to appeal did not suspend the order under section 18(2).

• Contempt Of Court
• Interim Interdict
• Superior Courts Act Section 18
• Lease Agreement Dispute
• Maintenance Agreement
• Dispute Resolution Process

L.M v D.J.S

L.M v D.J.S [2023] ZAGPPHC 107; 59537/2021 (8 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

59537/2021

Judge

SC Vivian

The court found that the evidence established binding agreements between the parties regarding maintenance and the use of the motor vehicle. The provision of the motor vehicle was not a donation but formed part of the Respondent's maintenance obligations for the minor child. The Respondent tacitly accepted the Applicant's requests for increased maintenance, as evidenced by his conduct and payments. The Respondent's subsequent unilateral reduction of payments and attempt to deduct the vehicle instalment from maintenance were impermissible. The disputes of fact raised by the Respondent were not…

Source excerpt

• Maintenance Agreement
• Child Contact Rights
• Tacit Contract
• Executory Donation
• Variation Of Agreement

Rham Equipment v Samancor Ltd (26820/04)

Rham Equipment v Samancor Ltd (26820/04) [2015] ZAGPJHC 332 (12 February 2015)

Court

South Gauteng High Court, Johannesburg

Case number

26820/04

Judge

M Victor

The High Court held the parties’ arrangement was an indivisible maintenance contract, found the plaintiff repudiated by withdrawing the equipment, and dismissed the claim.

• Contract Interpretation
• Repudiation
• Maintenance Agreement
• Damages
• Oral Variation
• Onus Of Proof

Attachment Corporation v Minister of Water and Environmental Affairs (43363/11)

Attachment Corporation v Minister of Water and Environmental Affairs (43363/11) [2014] ZAGPPHC 89 (20 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

43363/11

Judge

Tuchten

The court found that the defendant breached the license agreement by installing 1,564 unlicensed copies of the plaintiff's software, as established by the KPMG audit. Clause 2(f) of the license agreement did not protect the defendant because both Central Management and Require Activation options were not selected during installation. The defendant is therefore liable to pay the applicable license fee for the unlicensed copies. The court rejected the plaintiff's claim for maintenance fees on unlicensed copies, holding that the maintenance agreement only covers licensed copies and does not exte…

Source excerpt

• Software Licensing
• Breach Of Contract
• Quantification Of Damages
• Maintenance Agreement
• Contractual Interpretation