South Africa Case Law

Van Wyk v Venter N.O and Others (21072/2019)

Van Wyk v Venter N.O and Others (21072/2019) [2025] ZAWCHC 197; [2025] 3 All SA 572 (WCC) (12 May 2025)

Court

Western Cape High Court, Cape Town

Case number

21072/2019

Judge

Moosa AJ

The court found that the plaintiff failed to establish a prima facie case for either unjustified enrichment or repayment of a loan. The documentary evidence, including WCP's financial records and signed annual financial statements, showed that the payments in question were credited to the plaintiff's loan account and not to the Trust. The oral agreements relied upon by the plaintiff were void for non-compliance with section 2(1) of the Alienation of Land Act, and there was no corroborating evidence of enrichment at the plaintiff's expense. The plaintiff's loan claim was further undermined by…

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• Absolution From The Instance
• Unjustified Enrichment
• Condictio Causa Data Causa Non Secuta
• Alienation Of Land Act
• Oral Contracts
• Loan Agreements

Riverland Holdings Limited v ENRC Mozambique Limitada (42562/2015)

Riverland Holdings Limited v ENRC Mozambique Limitada (42562/2015) [2024] ZAGPJHC 1308 (10 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

42562/2015

Judge

Nico van der Walt

The High Court enforced an oral services agreement, rejected ENRC’s factual disputes, and ordered payment of USD 1,827,200.65 plus interest.

• Specific Performance
• Oral Contracts
• Proof Of Agency
• Hearsay Evidence
• Authentication Of Documents
• Legal Professional Privilege

Triple S Holdings Proprietary Limited and Another v Pioneer Foods Proprietary Limited (Reasons) (3156/2024)

Triple S Holdings Proprietary Limited and Another v Pioneer Foods Proprietary Limited (Reasons) (3156/2024) [2024] ZAECMKHC 108 (10 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3156/2024

Judge

NJ Mullins

The court found that the applicants failed to establish the existence of binding new distribution agreements, as the evidence showed ongoing negotiations subject to unresolved conditions. The applicants' assertion of oral 'handshake' agreements was inherently contradictory and unsupported by the correspondence. The respondent's termination of the month-to-month contracts, although procedurally defective, was rendered academic by the lapse of time and the applicants' cessation of business. The requirements for interim interdictory relief were not met, as the applicants did not demonstrate a pr…

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• Specific Performance
• Interim Interdict
• Termination Of Contract
• Public Policy
• Oral Contracts
• Arbitration Clause

De Filippo v Micillo (Reasons) (11709/2017)

De Filippo v Micillo (Reasons) (11709/2017) [2024] ZAWCHC 289 (23 September 2024)

Court

Western Cape High Court, Cape Town

Case number

11709/2017

Judge

P. S. Van Zyl

The court found oral agreements about two Cape Town properties, ordered payment of sale proceeds and transfer steps, and granted costs against the defendant.

• Oral Contracts
• Alienation Of Land Act
• Default Judgment
• Anti Dissipation Order
• Burden Of Proof
• Admissibility Of Affidavit Evidence

Tracexpress (Pty) Ltd v Xsun Transport (Pty) Ltd (5553/2023)

Tracexpress (Pty) Ltd v Xsun Transport (Pty) Ltd (5553/2023) [2024] ZAMPMBHC 46 (9 July 2024)

Court

Mbombela High Court, Mpumalanga

Case number

5553/2023

Judge

Mashile

The High Court upheld exceptions to amended particulars of claim, finding the pleaded oral and written agreements vague, embarrassing, and insufficiently particularised.

• Pleading Requirements
• Vague And Embarrassing
• Oral Contracts
• Uniform Rules Of Court Rule 18
• Civil-procedure
• Pleading-requirements

Management Information Technology (Pty) Ltd t/a Ivor Lee and Associates and Others v Strocam Projects (Pty) Ltd and Others (57915/2010)

Management Information Technology (Pty) Ltd t/a Ivor Lee and Associates and Others v Strocam Projects (Pty) Ltd and Others (57915/2010) [2024] ZAGPPHC 151 (21 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

57915/2010

Judge

Kooverjie

The court found that the respondent's defence regarding the disputed indebtedness was bona fide and reasonable, as the respondent had consistently raised allegations of overcharging and fraud since the inception of the proceedings. The existence and quantum of the debt were genuinely disputed, and oral evidence would be required to resolve these issues in the rescission action. Liquidation proceedings are not appropriate where the debt is disputed on bona fide and reasonable grounds. The applicant's persistence in pursuing the liquidation application, despite the unresolved dispute and pendin…

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• Company Liquidation
• Disputed Indebtedness
• Abuse Of Process
• Punitive Costs
• Business Rescue
• Oral Contracts

Salamousas v South Side Restaurant (Pty) Ltd t/a Orexi Greek Street Food (2023-075201)

Salamousas v South Side Restaurant (Pty) Ltd t/a Orexi Greek Street Food (2023-075201) [2023] ZAGPJHC 914 (15 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-075201

Judge

EF Dippenaar

The court found that the applicant failed to establish a prima facie right to interdictory relief preventing interference with management and operation of the business, as material disputes of fact regarding the existence and terms of a joint venture agreement could not be resolved on the papers. The harm sought to be prevented had already transpired, rendering the relief moot. However, the applicant did establish a prima facie right to protection of the assets he contributed to the respondent's business, as the respondent did not dispute possession or use of those assets and had no entitleme…

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• Interim Interdict
• Joint Venture Agreement
• Specific Performance
• Oral Contracts
• Striking Out Application

Swarts N.O and Another v Gouws N.O and Others (23604/2021)

Swarts N.O and Another v Gouws N.O and Others (23604/2021) [2023] ZAGPPHC 679 (10 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

23604/2021

Judge

Munzhelele

The High Court held that the parties concluded a binding oral share-sale agreement at an AGM and ordered specific performance despite no written contract.

• Oral Contracts
• Specific Performance
• Authority Of Trustees
• Share Transfer
• Repudiation
• Contractual Terms

P.J.D v Zantisi Student Services (Pty) Ltd (5841/2023)

P.J.D v Zantisi Student Services (Pty) Ltd (5841/2023) [2023] ZAWCHC 124 (17 May 2023)

Court

Western Cape High Court, Cape Town

Case number

5841/2023

Judge

Patrick

The High Court provisionally wound up Zantisi Student Services (Pty) Ltd after finding the applicant’s repayment claim was established and not bona fide disputed.

• Company Liquidation
• Debt Enforcement
• Oral Contracts
• Prospective Liabilities
• Company-liquidation
• Prospective-liabilities

Hendricks v Behardien N.O and Others (2872/2019)

Hendricks v Behardien N.O and Others (2872/2019) [2023] ZAWCHC 96 (26 April 2023)

Court

Western Cape High Court, Cape Town

Case number

2872/2019

Judge

Patrick

The court dismissed exceptions to a claim alleging misrepresentation about a promised habitatio and rejected a vagueness challenge to the particulars of claim.

• Misrepresentation
• Alienation Of Land Act
• Right Of Habitatio
• Exception Procedure
• Oral Contracts
• Exception-procedure