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South Africa decisions
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Gilfillan v Unique Auto Finance (Pty) Ltd (13800/2022) [2025] ZAGPJHC 454 (12 May 2025)
The High Court dismissed an exception to particulars of claim arising from a land sale dispute, holding that the alleged waiver and enrichment issues require trial evidence.
IPC Plumbing SA (Pty) Ltd v Azraprty (Pty) Ltd (079559/2023) [2025] ZAGPPHC 438 (9 May 2025)
The High Court dismissed a Rule 28(4) amendment application and upheld an exception, finding the pleadings still failed to clearly disclose a cause of action against the first defendant.
Milga Properties (Pty) Ltd v Kerja (Pty) Ltd (04947/2024) [2025] ZAGPPHC 340 (25 March 2025)
The court granted eviction, holding that the respondent’s breach of the lease and settlement agreement defeated any right to exercise the purchase option.
Gencode Software Consulting CC v PB Mthembi Medical Laboratory (Pty) Ltd and Another (2023/056319) [2025] ZAGPJHC 273 (13 March 2025)
The High Court refused summary judgment because the plaintiff relied on a different acknowledgement of debt than the one pleaded, and the defendants raised triable issues.
Multiflat Residential Properties (Pty) Ltd - Eikehof (M) v Ali (011335/2024) [2025] ZAGPPHC 222 (11 March 2025)
The High Court granted eviction after finding the respondent breached a commercial lease, rejected points in limine on authority and ADR, and upheld costs on an attorney-client scale.
Zevoli 151 (Pty) Ltd v Retail Market Farm (Pty) Ltd and Others (2023/124486) [2025] ZAGPJHC 217 (6 March 2025)
The High Court granted summary judgment for unpaid rental and service charges, enforcing accelerated payment clauses and attorney-and-client costs.
Sekhukhune District Municipality v Betram (Pty) Ltd and Another (1249/2021) [2025] ZALMPPHC 29 (25 February 2025)
The High Court dismissed the first defendant’s exception, holding that the pleadings disclosed a possible cause of action and that contract interpretation needed trial evidence.
J.R v L.R (078368/2024) [2025] ZAGPPHC 99 (4 February 2025)
The applicant failed to establish a prima facie right to suspend execution of the accrual payment order. The settlement agreement was freely negotiated, signed, and made an order of court after proper legal representation. The applicant's challenge is based on alleged errors in accrual calculation, but he provided no recalculation or expert evidence and did not plead rectification in the pending action. The non-variation clause and relevant case law confirm the finality of the agreement. The applicant's offer to pay the disputed amount into trust negates any claim of irreparable harm. The bal…
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Lebotsi Renovations and Projects Management (Pty) Ltd and Another v Vrey and Others (2024-005583) [2025] ZAGPPHC 70 (20 January 2025)
The High Court dismissed an exception to amended particulars of claim, holding the pleadings were sufficiently clear and that non-joinder was not a proper ground.
Technologies Acceptance Receivable (Pty) Limited and Another v Pieter Toerien Productions CC t/a Theatre on the Bay and Others (4086/2020) [2024] ZAWCHC 431 (18 December 2024)
The court found that the handwritten amendment to the Master Rental Agreement (MRA) was ineffective because it was not signed by both parties as required by the non-variation clause. The contract remained in its unamended form, and the plaintiffs could not claim the higher rental amount. The cession agreements validly transferred rights, but the warranties and indemnities covered only the contract as it existed, not the purported amendment. Public policy did not justify disregarding the non-variation clause, as no evidence was presented of circumstances warranting such intervention. The count…
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