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South Africa decisions
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Gao and Another v Louw N.O and Others (077838/25) [2025] ZAGPPHC 623 (10 June 2025)
The High Court dismissed an urgent bid to stop transfer of a property, finding no prima facie right, irreparable harm, or balance of convenience in the applicants’ favour.
Kopano Procurement & Services (Pty) Ltd t/a Kopano Petroleum v Standard Bank of South Africa Limited and Another (2352/2021) [2021] ZAFSHC 213 (17 August 2021)
The court found that it had jurisdiction to grant the interdict, as the first respondent (Standard Bank) is domiciled within its area and the act to be prohibited (release of funds) would occur within its jurisdiction. The agreement between the applicant and second respondent did not oust the court's jurisdiction, as a foreign jurisdiction or arbitration clause does not exclude the court's discretion. The second respondent failed to follow the contractual process for claiming against the Performance Guarantee, as no amended tax invoice or demand was issued to the applicant. The applicant had…
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Bowley Steels (Pty) Ltd v 10 Sterling Road (Pty) Ltd and Another (2016/2461) [2017] ZAGPJHC 196 (28 June 2017)
The High Court dismissed an eviction and cancellation claim after finding the seller did not prove valid mora notice or lawful cancellation of the sale agreement.
Vlok v Silver Crest Trading 154 (Pty) Ltd and Others (A65/2014) [2015] ZAFSHC 82 (23 April 2015)
The court found that the appellant, after learning of the bank's refusal to honour the guarantee, elected to uphold the sale agreement by entering into an addendum, opposing Engen's application for retransfer, and demanding payment. This conduct constituted an unequivocal election to maintain the contract, thereby abandoning any right to cancel for the original breach. The appellant's subsequent attempts to cancel were ineffective, as he failed to place the first respondent in mora ex persona with a clear and unequivocal notice of cancellation. The buy-back agreement was conceded to be invali…
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