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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 580

Ferreira v Mazantsi Cables Proprietary Limited and Others (14337/2022)

Ferreira v Mazantsi Cables Proprietary Limited and Others (14337/2022) [2023] ZAGPJHC 580 (26 May 2023)

The High Court granted judgment for payment under a memorandum of agreement and suretyship, rejecting a Rule 6(5)(d)(iii) point of law.

  • Suretyship
  • Memorandum Of Agreement
  • Breach Of Contract
  • Rule 6 5 D Iii
  • Acceleration Clause
  • Breach-of-contract
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Commercial And Corporate [2022] ZAGPPHC 783

Colt Resources (Pty) Ltd v Pelongwe Holdings (Pty) Ltd (26743/21)

Colt Resources (Pty) Ltd v Pelongwe Holdings (Pty) Ltd (26743/21) [2022] ZAGPPHC 783 (17 October 2022)

The Court found that no valid and enforceable contract existed between Colt Resources and Pelongwe Holdings. The Memorandum of Agreement (CR2) was incomplete and subject to the signing of an addendum (CR5), which was never executed. No payment was made, and essential contractual requirements were not fulfilled. The agreement was vague and uncertain, and the Court could not ascertain the parties' true intentions or construct the missing elements. Consequently, the application for specific performance failed, as there was no legally binding contract to enforce.

  • Specific Performance
  • Contract Formation
  • Memorandum Of Agreement
  • Suspensive Conditions
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Administrative Law [2019] ZAGPPHC 331

South African Nursing Council v Hospital Association of South Africa and Others (86011/18)

South African Nursing Council v Hospital Association of South Africa and Others (86011/18) [2019] ZAGPPHC 331 (29 July 2019)

The High Court dismissed SANC’s review and upheld the Appeal Committee’s order allowing foreign nurses to write examinations abroad under a new MOU.

  • Promotion Of Administrative Justice Act
  • Jurisdiction Of Administrative Bodies
  • Ultra Vires
  • Review Of Administrative Action
  • Memorandum Of Agreement
  • Administrative-law
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Civil Procedure [2017] ZAGPPHC 875

First Rand Bank Limited v Classco Trading (Pty) Ltd (2012/72945)

First Rand Bank Limited v Classco Trading (Pty) Ltd (2012/72945) [2017] ZAGPPHC 875 (24 March 2017)

The High Court set aside a provisional liquidation order, finding the bank had not proved enforceable indebtedness or locus standi on the papers.

  • Locus Standi
  • Suretyship Liability
  • Memorandum Of Agreement
  • Company Liquidation
  • Disputes Of Fact
  • Liquidation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.