South Africa Case Law

Juvansu Trading CC v Puma Energy Procurement South Africa (Pty) Ltd and Others (2022/003038)

Juvansu Trading CC v Puma Energy Procurement South Africa (Pty) Ltd and Others (2022/003038) [2024] ZAGPJHC 622 (9 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/003038

Judge

Green

The High Court dismissed a review of an arbitral award, holding that the arbitrator could decide validity, suspensive conditions, and the settlement issue within the dispute.

• Arbitration Agreement
• Jurisdiction Of Arbitrator
• Suspensive Conditions
• Oral Settlement Agreement
• Contractual Novation
• Arbitration

ED Food S.R.L v Africas Best (Pty) Limited (2022-1245)

ED Food S.R.L v Africas Best (Pty) Limited (2022-1245) [2024] ZAGPJHC 311 (14 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/1245

Judge

A P Den Hartog

High Court held that affidavits commissioned by Zoom were substantially compliant, enforced an oral settlement for EUR 28,000, and awarded punitive costs.

• Commissioning Of Affidavits
• Substantial Compliance
• Oral Settlement Agreement
• Interest On Debt
• Punitive Costs
• Commissioning-of-affidavits

Thomas v Petso and Others (017371/2022)

Thomas v Petso and Others (017371/2022) [2024] ZAGPJHC 129 (5 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

017371/2022

Judge

Crutchfield

The High Court dismissed summary judgment, finding the alleged settlement agreement was not sufficiently certain and the first respondent raised a bona fide defence.

• Summary Judgment
• Joint Venture Dispute
• Oral Settlement Agreement
• Misrepresentation
• Accounting Of Funds
• Summary-judgment

M.J.D and Others v N.P.D and Others (190/2017)

M.J.D and Others v N.P.D and Others (190/2017) [2017] ZAECGHC 99 (5 September 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

190/2017

Judge

G H Bloem

The High Court dismissed an exception to particulars of claim in a dispute over division of a divorced couple’s joint estate and a later alleged settlement.

• Exception Procedure
• Division Of Joint Estate
• Oral Settlement Agreement
• Finality Of Divorce Orders
• Civil-procedure
• Exception

L v S (A3052/2015)

L v S (A3052/2015) [2015] ZAGPJHC 277 (21 October 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A3052/2015

Judges

A Chaitram, G Wright

The High Court upheld an appeal against the appointment of a receiver and liquidator after divorce, finding the dispute on the papers was unresolved and remitting the matter.

• Division Of Joint Estate
• Appointment Of Receiver
• Post Divorce Asset Distribution
• Oral Settlement Agreement
• Division-of-joint-estate
• Post-divorce-asset-distribution

Kruger v Kruger (20263/06)

Kruger v Kruger (20263/06) [2007] ZAGPHC 219 (21 September 2007)

Court

High Courts - Gauteng

Case number

20263/06

Judge

Phatudi

The court found that the oral settlement agreement reached between the parties in the context of divorce proceedings was a compromise and not a contract for the sale or alienation of land as alleged by the plaintiff. The agreement was intended to settle all issues between the parties and avoid litigation, and did not require compliance with the formalities prescribed by the Alienation of Land Act 68 of 1981. The court distinguished the present case from Brink v Stadler, noting that the parties were joint owners of the property and the agreement was not a sale but a division of assets followin…

Source excerpt

• Exception To Plea
• Oral Settlement Agreement
• Alienation Of Land Act
• Divorce Settlement
• Joint Ownership
• Compromise

Jevon v Swartz (20634/05)

Jevon v Swartz (20634/05) [2006] ZAGPHC 171 (21 April 2006)

Court

High Courts - Gauteng

Case number

20634/05

Judge

R C Prinsloo

The court dismissed a husband’s claim that his former wife waived maintenance under a divorce order, finding no oral agreement and no proved tacit waiver.

• Maintenance Order
• Waiver Of Rights
• Burden Of Proof
• Oral Settlement Agreement
• Maintenance-order
• Waiver-of-rights