South Africa Case Law

Oude Woning Boerdery (Pty) Ltd v Stander NO and Others (1703/2020)

Oude Woning Boerdery (Pty) Ltd v Stander NO and Others (1703/2020) [2021] ZAECGHC 114 (7 December 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

1703/2020

Judge

Lowe

The applicant failed to establish peaceful and undisturbed possession of the movable assets at the time of alleged dispossession. The evidence showed that the movables were left on the respondents' farm and retained by agreement as security for the applicant's debt. The applicant did not allege or prove possession at the relevant time, nor did it demonstrate unlawful deprivation without consent. The respondents' version, accepted on the Plascon-Evans test, indicated that retention of the property was consensual and not spoliatory. Consequently, the requirements for a spoliation order were not…

Source excerpt

• Spoliation
• Lease Dispute
• Movable Property
• Final Interdict
• Possession
• Oral And Written Agreements

Asmall v Tornotrim (Pty) Ltd (D6486/2018)

Asmall v Tornotrim (Pty) Ltd (D6486/2018) [2019] ZAKZDHC 2 (22 February 2019)

Court

Kwazulu-Natal High Court, Durban

Case number

D6486/2018

Judge

Ploos van Amstel

The High Court held that the sale-of-business agreement was validly cancelled after the purchaser failed to remedy breach, and ordered return of the business against repayment.

• Contract Cancellation
• Restitution
• Sale Of Business
• Oral And Written Agreements
• Contract-cancellation
• Sale-of-business

Bohica Business Consulting CC v Bathusi Investments (PTY) LTD (6229/2013)

Bohica Business Consulting CC v Bathusi Investments (PTY) LTD (6229/2013) [2017] ZAGPPHC 1118 (8 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

6229/2013

Judge

Brano

The court found an unsigned consulting agreement was binding and that Bathusi Investments ratified it by paying for services and accepting the benefit.

• Contract Formation
• Ratification
• Estoppel
• Oral And Written Agreements
• Agency Principles
• Contract-formation

Elsiesdrift Plase (Pty) Ltd v Awendgloed Boedery (Pty) Ltd (449/11)

Elsiesdrift Plase (Pty) Ltd v Awendgloed Boedery (Pty) Ltd (449/11) [2016] ZANCHC 19 (16 September 2016)

Court

Northern Cape High Court, Kimberley

Case number

449/11

Judges

Kgomo, Mamosebo, Lever

The court found that the trial judge correctly assessed the evidence and credibility of the parties, concluding that Elsiesdrift Plase repudiated the Lucerne lease contract by unilaterally refusing to proceed with the lease and instructing Awendgloed Boedery to vacate the property. The demands made by Awendgloed were not inconsistent with the signed agreements and did not amount to repudiation. The trial court's findings were supported by the objective evidence and the conduct of the parties, particularly the absence of mutual consent to terminate the contract. The appeal was dismissed as the…

Source excerpt

• Breach Of Contract
• Repudiation
• Oral And Written Agreements
• Lease Of Agricultural Land
• Damages For Breach
• Onus Of Proof

Aurus Capital (Pty) Ltd v Matjhabeng Municipality (2962/2015)

Aurus Capital (Pty) Ltd v Matjhabeng Municipality (2962/2015) [2015] ZAFSHC 148 (6 August 2015)

Court

Free State High Court, Bloemfontein

Case number

2962/2015

Judge

Kruger

The court confirmed a rule nisi, finding a binding partly written and oral municipal contract and ordering the municipality to let the applicant continue work.

• Specific Performance
• Municipal Contracts
• Oral And Written Agreements
• Authority Of Municipal Officials
• Interdict
• Environmental Rehabilitation

Caqs Bk v Tambhura Property Investments 19 (Edms) Bpk (A364/2014)

Caqs Bk v Tambhura Property Investments 19 (Edms) Bpk (A364/2014) [2014] ZAGPPHC 944 (2 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

A364/2014

Judges

A J H Bosman, AML Phatudi

The High Court upheld an appeal over unpaid quantity surveying fees, finding the respondent had accepted the proposal and was liable for invoice 1116 too.

• Contractual Liability
• Oral And Written Agreements
• Quantum Of Fees
• Expert Evidence
• Summary Judgment
• Fee Structure Dispute

Moboreki Trading CC v Tonkin Clacey Attorneys and Others (25577/12)

Moboreki Trading CC v Tonkin Clacey Attorneys and Others (25577/12) [2014] ZAGPPHC 603 (14 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

25577/12

Judge

BAM

The High Court dismissed an application to compel document disclosure, finding the applicant failed to satisfy PAIA requirements and should pursue discovery in action.

• Access To Information
• Locus Standi
• Privilege Of Documents
• Oral And Written Agreements
• Access-to-information
• Discovery

Evans v Tony de Jong Properties (7937/09)

Evans v Tony de Jong Properties (7937/09) [2012] ZAKZPHC 25 (24 April 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7937/09

Judge

Koen

The High Court held that the defendant failed to prove misrepresentation or repudiation and ordered payment of the plaintiff’s commission share.

• Estate Agents Commission
• Contractual Misrepresentation
• Repudiation
• Oral And Written Agreements
• Estate-agents-commission
• Contractual-misrepresentation

Van Leendert BV v Klein Karoo International Trading (Pty) Ltd (7753/05)

Van Leendert BV v Klein Karoo International Trading (Pty) Ltd (7753/05) [2010] ZAWCHC 31 (23 February 2010)

Court

Western Cape High Court, Cape Town

Case number

7753/05

Judge

Zondi

The court held that the ostrich-meat contract was subject to stock availability and variable pricing, not a fixed-price commitment, and dismissed the claim.

• Contract Interpretation
• Breach Of Contract
• Sale Of Goods
• Price Fluctuation
• Oral And Written Agreements
• Contract-interpretation