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South Africa decisions
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Calitz v Buys N.O and Others (2696/2024) [2025] ZAFSHC 130 (8 May 2025)
The High Court refused rescission of a default judgment and declined to set aside the writ, finding no excusable default or bona fide defence.
Industrial Corporation of South Africa v MARA Corporation and Others (2023/035089) [2025] ZAGPJHC 412 (3 April 2025)
The High Court refused defendants’ bid to amend a plea to add misrepresentation and rectification defences to a guarantee claim, finding the amendments vague and excipiable.
K20253553/34 v Sibiya N.O and Others (056154/2024) [2025] ZAGPPHC 333 (28 March 2025)
The court found that although the original agreement provided for arbitration under AFSA rules, the parties subsequently agreed to conduct the arbitration privately and did not adhere to AFSA administration or its strict procedural requirements. The parties' conduct, including negotiations over the appeal process and panel composition, indicated an intention to depart from AFSA rules. The reference to Article 22 in the notice of appeal was not determinative, as there was no written and signed agreement to apply that article. The court held that the applicant's right to appeal had not lapsed,…
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Best Drive Holdings (Pty) Limited and Another v Lewis (2022/027451) [2025] ZAGPJHC 42 (22 January 2025)
The High Court granted leave to appeal against refusal of an amendment to particulars of claim in a suretyship dispute, finding a reasonable prospect of success.
Bowas v Mohammed (A53/2024) [2024] ZAWCHC 316 (15 October 2024)
The High Court dismissed an appeal over a disputed second sale agreement, holding the appellant failed to prove ownership and entitlement to payment for movable assets.
Kotze N.O and Others v UD Boerdery CC (18631/2021) [2024] ZAWCHC 302 (8 October 2024)
The High Court granted an eviction order after finding the respondent’s occupation unlawful when the headlease and sublease ended.
Nissan South Africa (Proprietary) Limited v Senyatsi (1319/21) [2024] ZAGPPHC 930 (26 September 2024)
The High Court held that a JICA training agreement survived a later employment contract, ordered repayment of reduced expenses, and granted judgment for the employer.
Best Drive Holdings (Pty) Limited and Another v Lewis (2022/027451) [2024] ZAGPJHC 895 (17 September 2024)
The court found that the 2019 loan agreement is a separate and distinct contract from the 2018 agreement, as evidenced by the presence of an 'entire agreement' clause (clause 11.6) which expressly supersedes all prior agreements. The applicants' attempt to plead that the 2019 agreement is a mere amendment of the 2018 agreement is not sustainable, as the text and structure of the two agreements differ materially in loan amount, interest provisions, and the absence of a suretyship clause in the 2019 agreement. The suretyship executed by the respondent relates only to the 2018 agreement and cann…
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Azrapart (Pty) Ltd and Another v AIG South Africa Limited and Others (049359/2022) [2024] ZAGPJHC 689 (23 July 2024)
The High Court granted all five defendants leave to appeal on the contract and rectification issues in an insurance dispute over Covid-related business interruption cover.
Merchant West (Pty) Ltd v Molyneux-Killik and Others (23833/2022) [2024] ZAGPJHC 646 (25 June 2024)
The High Court refused leave to appeal in a commercial dispute over an instalment sale agreement and suretyships, finding no reasonable prospects of success.
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