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South Africa decisions
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Fourche v A to Z Motors CC (27397/2021) [2022] ZAGPPHC 74 (8 February 2022)
Summary judgment was granted for R3 million plus interest and punitive costs after the court found the defendant’s denial of the investment agreement was not bona fide.
Parker v Standard Bank (AR218/15) [2016] ZAKZDHC 7 (10 February 2016)
The High Court held that Standard Bank breached a binding oral instruction to confirm all of Mr Valodia’s transactions with the appellant before acting.
Standard Bank of South Africa Limited v Lucas (3813/2011) [2014] ZAFSHC 247 (4 December 2014)
The High Court dismissed Standard Bank’s claim for an overdrawn account after finding the bank failed to prove the defendant authorised the disputed transfers.
Flanegan v Absa Versekeringsmaatskappy (Edms) Bpk and Another (559/2008) [2010] ZAFSHC 125 (16 September 2010)
The court found that the insurer’s broker failed to implement the plaintiff’s mandate to insure 2.0 tons of crops and ordered the second defendant to pay damages, VAT, interest, and costs.
Blackie Swart Argitekte v Van Heerden (411/1983) [1985] ZASCA 107; [1986] 1 All SA 373 (A) (27 September 1985)
The Supreme Court of Appeal held that the payment of R5,040 by the respondent, although accompanied by a condition of full and final settlement, did not extinguish the appellant's claim for the full amount. The secretary who accepted the payment lacked authority to settle the dispute, and the principal (appellant) had expressly instructed its attorney to pursue the full claim. The respondent's reliance on estoppel failed due to the absence of necessary factual and legal foundation. The evidence established that the appellant had performed its contractual obligations by preparing the working d…
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