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South Africa decisions
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Top Quartile PMSA (Pty) Ltd v Sibanye Gold Limited (2017/43073) [2024] ZAGPJHC 753 (25 July 2024)
The High Court granted absolution from the instance on Claims A, B and E, but refused it on Claim C in a commercial dispute over a solar project.
Kranskop Dierekliniek & Wilddieste and Another v BGM Trading CC t/a Andre Kock & Son (HCA37/2023) [2024] ZALMPPHC 95 (18 June 2024)
Appeal dismissed in a dispute over auction cattle misrepresented as disease-free, with the High Court upholding damages for the respondent’s losses.
Karsten and Another v Road Accident Fund and Others (1962/2012) [2024] ZANCHC 29 (22 March 2024)
The court dismissed the RAF’s prescription plea, finding the claim was lodged by registered post on time. Proceedings against the Post Office were suspended due to business rescue.
Bon Com (Pty) Ltd and Another v Services Sector For Education Training and Authority and Others (2021/13157) [2023] ZAGPJHC 1156 (13 October 2023)
The High Court upheld an exception to particulars of claim arising from alleged agreements to agree, finding no pleaded delict, legitimate expectation, or basis to develop the common law.
Blue Sky Carriers (Pty) Ltd v Sylco Plant Hire (Pty) Ltd (A35/2022) [2023] ZAGPPHC 630 (26 July 2023)
The High Court dismissed an appeal over a CAT Loader vindication claim, holding that estoppel failed because the appellant relied on Tamarron, not the owner.
Nienaaber N.O and Others v Nelson Attorneys and Another (2645/2011) [2022] ZAECPEHC 4 (18 January 2022)
The court found that the plaintiffs failed to plead and prove the element of wrongfulness required for delictual liability. The evidence established that the plaintiffs, particularly Van den Berg, initiated and negotiated the development transaction before Nelson Attorneys' involvement, understood the risks, and accepted the terms, including the security offered. The expert evidence was rejected as factually uninformed and irrelevant to the pleaded duty. Nelson Attorneys fulfilled the specific duties pleaded, and there was no evidence of negligent breach in the conveyancing process. The colla…
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Steinhoff International Holdings Proprietary Limited and Others v Jooste and Another (16919/2020) [2021] ZAWCHC 222 (27 October 2021)
The High Court partially upheld exceptions to Steinhoff’s repayment claims, finding one delict paragraph vague for lack of facts on a legal duty owed to the Paying Entities.
Kok v Botha (1494/2020) [2021] ZAECPEHC 53 (5 October 2021)
The High Court dismissed an exception to particulars of claim in a property-enrichment dispute, holding the pleadings were sufficiently clear and not prejudicial.
Pienaar v Bean (A277/2019) [2020] ZAWCHC 125 (21 October 2020)
The High Court dismissed an appeal against refusal of rescission of a default judgment, finding no bona fide defence or proper basis to interfere.
Mamabolo v South African National Blood Service and Another (6732/2018) [2019] ZALMPPHC 69 (5 December 2019)
The court found that the plaintiff became an employee upon accepting the defendants' offer of employment and resigning from her previous job. The withdrawal of the offer by the defendants amounted to a dismissal. The Labour Relations Act provides specialized mechanisms for resolving unfair dismissal disputes, and the High Court lacks jurisdiction where the LRA applies. The plaintiff's claim, although framed as negligent misrepresentation, is essentially a labour dispute and must be pursued through the dispute resolution mechanisms established by the LRA. The exception raised by the defendants…
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