South Africa Case Law

Mercedes Benz Financial Services (South Africa) (Pty) Limited v Negatu Investments CC and Another (7580/2020)

Mercedes Benz Financial Services (South Africa) (Pty) Limited v Negatu Investments CC and Another (7580/2020) [2020] ZAWCHC 189 (4 December 2020)

Court

Western Cape High Court, Cape Town

Case number

7580/2020

Judge

Davis

Summary judgment granted for return of a vehicle after default under an instalment sale agreement. The court held the respondents failed to raise a bona fide defence.

• Instalment Sale Agreement
• Summary Judgment
• Lex Commissoria
• Mora Debitoris
• Contract Cancellation
• Summary-judgment

Armcoil Afrika (Pty) Ltd v Torre NO and Others (A760/2010)

Armcoil Afrika (Pty) Ltd v Torre NO and Others (A760/2010) [2012] ZAGPPHC 310 (30 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

A760/2010

Judges

Tlhapi, Potterill

High Court appeal on whether interest ran on a subscription price after failed suspensive conditions and whether restitution required a tender of share return.

• Shareholders Agreement
• Subscription Agreement
• Restitution In Integrum
• Mora Debitoris
• Prescribed Rate Of Interest Act
• Liquidation

Armcoil Afrika (Pty) Ltd v Torre N.O and Another (42267/08)

Armcoil Afrika (Pty) Ltd v Torre N.O and Another (42267/08) [2010] ZAGPPHC 568 (31 May 2010)

Court

North Gauteng High Court, Pretoria

Case number

42267/08

Judge

Van Loggerenberg

The court granted leave to appeal on limited grounds about mora debitoris and interest, but refused leave on the remaining grounds under the Interest Act.

• Leave To Appeal
• Mora Debitoris
• Prescribed Rate Of Interest Act
• Declaratory Relief
• Leave-to-appeal
• Mora-debitoris

KNS Construction (Pty) Limited v Genesis on Fairmount and Another (08/31859)

KNS Construction (Pty) Limited v Genesis on Fairmount and Another (08/31859) [2009] ZAGPJHC 39 (21 August 2009)

Court

South Gauteng High Court, Johannesburg

Case number

08/31859

Judge

Mokgoatlheng

The court found that the applicant failed to establish fraud in the first respondent's invocation of the Construction Guarantee. The first respondent was entitled to cancel the contract after the applicant failed to achieve practical completion by the agreed date, and proper notice was given to rectify the default. The guarantee was payable on demand, and the applicant's allegations of unlawful deductions and late payment did not amount to material breaches precluding cancellation. The applicant's proprietary interest did not override the independent nature of the guarantee contract. The cour…

Source excerpt

• Construction Guarantee
• Fraudulent Call On Guarantee
• Interim Interdict
• Material Breach
• Mora Debitoris

Hermprop BK v Hiross Sout Africa (Edms) Bpk en 'n Ander (192/89)

Hermprop BK v Hiross Sout Africa (Edms) Bpk en 'n Ander (192/89) [1991] ZASCA 130 (27 September 1991)

Court

Supreme Court of Appeal

Case number

192/89

Judges

Botha, Goldstone, Van Coller

The court held that the tenants validly cancelled the leases after the landlord failed for months to repair storm damage within a reasonable time.

• Lease Cancellation
• Positive Malperformance
• Mora Debitoris
• Reasonable Time For Performance
• Warranty Of Habitable Premises
• Lease-cancellation