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South Africa decisions
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Milkor (Pty) Ltd v Evotex Engineering (Pty) Ltd (005559/23) [2025] ZAGPPHC 138 (17 February 2025)
The High Court referred an opposed contract-cancellation application and counter-application to trial because the papers revealed extensive disputes of fact.
Blom and Others v Modiboa and Another (M364/2022) [2024] ZANWHC 4 (5 January 2024)
The High Court granted leave to appeal against an eviction order but refused to enforce that order pending appeal, finding no exceptional circumstances or irreparable harm.
Desert Oil (Pty) Ltd v Griekwalandwes Korporatief Beperk t/a Vaalrivier Diensstasie (1753/2022) [2023] ZANCHC 85 (17 November 2023)
Interim interdict granted to stop cancellation of a fuel supply agreement; the court found a prima facie right, invalid cancellation notice, and no adequate damages remedy.
D J Pret Holdings (Pty) Ltd v Auto Mania and Another (2022/003881) [2023] ZAGPJHC 227 (14 March 2023)
The court held that the seller materially breached the vehicle sale agreement by delivering a different model with higher mileage, so cancellation and refund followed.
Sideralloys International SA v Rahida Investment (PTY) Ltd (A 5050/19; GJ 2797/18) [2022] ZAGPJHC 936 (24 November 2022)
The High Court held that Sideralloys failed to prove a tacit or implied term requiring strict regulatory compliance, and refused reinstatement of its lapsed appeal.
Simoes and Another v Vorster: In re: Vorster v Simoes and Another (45581/2021) [2022] ZAGPJHC 592 (23 August 2022)
The High Court partly upheld exceptions to alternative claims in a property-sale dispute, but dismissed exceptions to the principal rescission claim.
Nnese Medicals (Pty) Limited v De Re Motors (Pty) Limited (20/39957) [2022] ZAGPJHC 84 (14 February 2022)
The court found that the respondent, as a second-hand motor vehicle dealer, was under a primary obligation to deliver the vehicle registration documents to the applicant within a reasonable time after payment and delivery. The respondent's failure to do so for ten months constituted a material breach. The defence of temporary impossibility was rejected because the impossibility was reasonably foreseeable, and the respondent either assumed the risk or failed to ensure it could perform its obligations at the time of contracting. The applicant was entitled to cancel the agreement and seek restit…
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Real Time Investments 214 CC v Van Straaten and Others (31548/20) [2021] ZAGPPHC 891 (28 December 2021)
The High Court dismissed an attempt to cancel a property sale after transfer and evict the purchaser, finding the buyer had paid the full price to the seller’s conveyancer.
O-Line (Pty) Ltd v Datacentric (Pty) Ltd (56269/2016) [2021] ZAGPPHC 16 (22 January 2021)
The court held that Datacentrix materially breached a software implementation contract, allowing O-Line to cancel and recover the full amount paid.
Uvongo Falls 26 (PTY) Ltd v Grayston Chambers (PTY) Ltd and Another (18211/2019) [2020] ZAGPJHC 446 (4 May 2020)
The court found that although the first respondent committed a material breach of the lease agreement by failing to pay rental, the applicant did not cancel the lease agreement in accordance with the oral terms agreed on 4 May 2017. The evidence showed that the lease was month-to-month and could only be terminated with one month's notice, not the 14 days provided by the applicant. The applicant's reliance on the Benmore lease agreement's breach clause was misplaced, as those terms did not apply to the Grayston lease. Consequently, the cancellation was invalid, and the application for eviction…
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