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South Africa decisions
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Munro Transport CC v Swiegers (A000089/2023) [2025] ZAGPJHC 658 (2 July 2025)
The High Court upheld an appeal, finding the plaintiff failed to prove an oral contract or that an employee had authority to bind Munro Transport CC.
Mmazwi Civil and Construction Services CC v Phopholo HM (Pty) Ltd (20831/2022) [2025] ZAGPJHC 601 (12 June 2025)
The High Court dismissed an application to rescind a default judgment for truck-hire debt, finding no sufficient explanation for delay, no bona fide defence, and proper service.
Auto Commodities (Pty) Ltd v Ettienne and Christine Makarios (Pty) Ltd (2024/002133) [2025] ZAGPJHC 676 (16 May 2025)
A diesel-supply debt claim in motion proceedings was removed from the roll after disputed settlement terms and part-payments made final relief inappropriate.
ENRC Mozambique Limitada v Riverland Holdings Limited (42562/2015) [2025] ZAGPJHC 326 (27 March 2025)
The court found that ENRC failed to challenge the authority of Mr Gomes in accordance with Rule 7(1) and that all evidence supported his authorisation to act for Riverland Holdings Limited. The arguments regarding disputes of fact were rejected as ENRC's deponents lacked personal knowledge of the relevant facts. The application to vary the order under Rule 42 was dismissed because the order was already subject to the in duplum rule and there was no patent error, omission, or common mistake. Both applications were found to have no prospects of success and were dismissed with costs.
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Belstead Industries (Pty) Ltd v Slabbert and Others (3047/2024) [2025] ZAMPMHC 5 (21 February 2025)
Summary judgment was refused because the fourth and fifth respondents disclosed a bona fide defence requiring trial on authority, contract formation, and alleged fraud.
Kucer v De Kuile Boerdery CC (7573/2022) [2025] ZALMPPHC 36 (19 February 2025)
The Court found that the Plaintiff failed to discharge the onus of proving the existence of a partnership agreement on a balance of probabilities. The evidence and documentation presented were susceptible to a reasonable alternative interpretation, namely that of an employer/employee or employer/contractor relationship. The Plaintiff's own instructions to his tax consultant and the accounting records did not support the existence of a partnership. The absence of separate partnership accounting and the lack of unequivocal conduct consistent only with a partnership led the Court to conclude tha…
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CSS RSA International (Pty) Ltd v Busicor 201 CC (4119/2023) [2024] ZAMPMHC 67 (9 December 2024)
The court found that the respondent raised genuine disputes of fact regarding the terms of the oral agreement, specifically whether payment to the applicant was conditional upon the respondent receiving payment from third parties and whether a commission was due. These disputes are incapable of resolution on the papers and require oral evidence at trial. The respondent's defence is bona fide and good in law, satisfying the requirements for resisting summary judgment under rule 32. Granting summary judgment would deny the respondent access to court, contrary to section 34 of the Constitution.…
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Scribante and Another v 47 Club Trading (Pty) Ltd and Others (D6326/2023) [2024] ZAKZDHC 92 (5 December 2024)
Summary judgment was refused because the plaintiffs’ affidavit verified mutually destructive alternative loan claims and did not satisfy Rule 32(2)(b).
Mdazane and Another v Nene and Another (EL 799/2020) [2024] ZAECELLC 42 (29 October 2024)
High Court dispute over a verbal tender arrangement for surgical masks. The court rejected a claimed partnership, enforced the admitted R650,000 payment, and dismissed the larger damages claim.
Kshatriya Investment Holdings (Pty) Ltd v Sub Sahara Equity Investments (Pty) Ltd (A51/2022) [2024] ZAGPPHC 1084 (23 October 2024)
High Court appeal over a disputed R70,000 oral agreement for marketing services was upheld after the court found the plaintiff’s version inherently improbable.
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