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South Africa Case Law

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Land And Property [2022] ZAGPPHC 774

Eskom Holdings SOC Limited v Sisu Somhambi Electrical Construction CC and Another (42822/2021)

Eskom Holdings SOC Limited v Sisu Somhambi Electrical Construction CC and Another (42822/2021) [2022] ZAGPPHC 774 (20 October 2022)

The High Court interpreted an Eskom servitude and held that the 55-metre restriction is split equally on either side of the centre line.

  • Servitude Interpretation
  • Notarial Deed
  • Option Agreement
  • Jurisdictional Challenge
  • Non Joinder
  • Stay Of Proceedings
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Civil Procedure [2022] ZAECMKHC 2

Dlakavu and Another v Mthatha Nine (Pty) Ltd (1710/2019)

Dlakavu and Another v Mthatha Nine (Pty) Ltd (1710/2019) [2022] ZAECMKHC 2 (19 April 2022)

The court dismissed a fraud-based rescission application and a removal application, finding no proof of fraud, no locus standi for the first applicant, and no proper notice to interested parties.

  • Rescission Of Judgment
  • Locus Standi
  • Option Agreement
  • Notarial Lease
  • Joinder Of Parties
  • Rescission-of-judgment
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Competition Law [2022] ZACT 1

Shoprite Checkers (Pty) Ltd v Trademarks (LM090Oct21)

Shoprite Checkers (Pty) Ltd v Trademarks (LM090Oct21) [2022] ZACT 1 (13 January 2022)

The Tribunal conditionally approved Shoprite’s acquisition of trademarks used by Mr Synodinos, adding conditions on future merger notification and franchise expansion.

  • Large Merger
  • Franchise Agreement
  • Option Agreement
  • Market Share
  • Public Interest
  • Conditional Approval
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Land And Property [2018] ZAGPPHC 637

Rooth v Hanley (A187/17)

Rooth v Hanley (A187/17) [2018] ZAGPPHC 637 (28 June 2018)

Appeal over unpaid rental under an option agreement and lease succeeded. The High Court enforced non-variation clauses and held the CPA and NCA did not apply.

  • Lease Of Immovable Property
  • Option Agreement
  • Non Variation Clause
  • Consumer Protection Act
  • National Credit Act
  • Non-variation-clause
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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.