South Africa Case Law

Lebotsi Renovations and Projects Management (Pty) Ltd and Another v Vrey and Others (2024-005583)

Lebotsi Renovations and Projects Management (Pty) Ltd and Another v Vrey and Others (2024-005583) [2025] ZAGPPHC 70 (20 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-005583

Judge

E van der Schyff

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.

• Exception To Pleadings
• Cause Of Action
• Non Variation Clause
• Oral And Written Contracts
• Non Joinder
• Alienation Of Land Act

Tricks Wrought Iron Services (Pty) Ltd v Vhembe District Municipality (86475/2014)

Tricks Wrought Iron Services (Pty) Ltd v Vhembe District Municipality (86475/2014) [2020] ZAGPPHC 696 (20 November 2020)

Court

North Gauteng High Court, Pretoria

Case number

86475/2014

Judge

J.J.C. Swanepoel

The High Court granted leave to amend particulars of claim in a delayed contractual dispute, finding no irremediable prejudice to the respondent.

• Amendment Of Pleadings
• Joinder Of Parties
• Oral And Written Contracts
• Direct Payment Requests
• Amendment-of-pleadings
• Joinder-of-parties

Mphati Business Enterprise (Pty) Ltd v Sizakele Consultants CC t/a Colandra Construction (5484/2016)

Mphati Business Enterprise (Pty) Ltd v Sizakele Consultants CC t/a Colandra Construction (5484/2016) [2019] ZAFSHC 8 (22 February 2019)

Court

Free State High Court, Bloemfontein

Case number

5484/2016

Judge

M A Mathebula

The court found that the parties entered into a joint venture agreement, based on their conduct, discussions, and partial implementation of the agreement's terms. The absence of a signed written document did not negate the existence of the agreement, as the parties acted in accordance with its terms and did not communicate any disapproval. The defendant's reliance on statutory procurement requirements and the General Conditions of Contract was misplaced, as these provisions did not apply to the relationship between two private entities. The defendant's evidence was found unreliable and evasiv…

Source excerpt

• Joint Venture Agreement
• Contractual Intent
• Oral And Written Contracts
• Burden Of Proof
• Costs Order

Grobbelaar h/a Afriplan Town and Regional Planners v Tremaine Crawford Property Portfolio (293/2015)

Grobbelaar h/a Afriplan Town and Regional Planners v Tremaine Crawford Property Portfolio (293/2015) [2019] ZANCHC 1 (19 February 2019)

Court

Northern Cape High Court, Kimberley

Case number

293/2015

Judge

BM Pakati

The High Court granted judgment for a town planner’s unpaid fee claim after finding the plaintiff proved performance and the defendant failed to appear.

• Specific Performance
• Oral And Written Contracts
• Default Judgment
• Professional Services
• Town Planning Agreements
• Default-judgment

Morgan v Blue Beacon Investments 206 (Pty) Ltd (A3146/2017)

Morgan v Blue Beacon Investments 206 (Pty) Ltd (A3146/2017) [2019] ZAGPJHC 65 (7 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A3146/2017

Judges

J M Matsemela, M Twala

The High Court dismissed an appeal against summary judgment in a lease dispute, holding the claim was liquidated, the unsigned lease was binding, and no bona fide defence was shown.

• Summary Judgment
• Lease Agreement
• Liquidated Claim
• Oral And Written Contracts
• Attorney And Own Client Costs
• Summary-judgment

Enyuka Internet Support Acess v EDUPAC Software Support Services (Pty) Ltd (10929/2015)

Enyuka Internet Support Acess v EDUPAC Software Support Services (Pty) Ltd (10929/2015) [2017] ZAGPJHC 262 (25 August 2017)

Court

South Gauteng High Court, Johannesburg

Case number

10929/2015

Judge

Siwendu

The High Court dismissed a defendant’s application for absolution, finding the plaintiff had led prima facie evidence of an SMS services contract and damages claim.

• Contractual Damages
• Repudiation
• Absolution From The Instance
• Oral And Written Contracts
• Quantification Of Damages
• Absolution-from-the-instance

Uniontech Commercial and Graphics CC and Another v Logistics Transport Globally (Pty) Ltd, In Re: Logistics Transport Globally (Pty) Ltd v Uniontech Commercial and Graphics CC and Another (81325/14)

Uniontech Commercial and Graphics CC and Another v Logistics Transport Globally (Pty) Ltd, In Re: Logistics Transport Globally (Pty) Ltd v Uniontech Commercial and Graphics CC and Another (81325/14) [2016] ZAGPPHC 41 (29 January 2016)

Court

North Gauteng High Court, Pretoria

Case number

81325/14

Judge

T.D. Vilakazi

The court held that the Plaintiff's particulars of claim were vague and embarrassing because they relied on partly oral and partly written agreements, while the written agreements contained a non-variation clause requiring any amendments to be in writing and signed by both parties. The Plaintiff's reliance on unsigned written documents and oral amendments conflicted with the express terms of the contract, rendering the pleading uncertain and prejudicial to the Defendants. The court found that the Defendants would be prejudiced if required to plead to such particulars, as they could not ascert…

Source excerpt

• Vague And Embarrassing Pleading
• Oral And Written Contracts
• Non Variation Clause
• Exception Procedure

Diamond Markerting Consultants (Pty) Ltd v Alexkor RMC JV (1690/2014)

Diamond Markerting Consultants (Pty) Ltd v Alexkor RMC JV (1690/2014) [2015] ZANCHC 16 (14 May 2015)

Court

Northern Cape High Court, Kimberley

Case number

1690/2014

Judge

S L Erasmus

High Court refused summary judgment because the plaintiff’s damages claim was not liquidated and depended on disputed contract terms and notice period.

• Summary Judgment
• Liquidated Claim
• Oral And Written Contracts
• Damages Calculation
• Summary-judgment
• Liquidated-claims