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South Africa decisions
Decisions matching the current search
Repas v Repas (A151/2022) [2023] ZAWCHC 24 (13 February 2023)
Appeal allowed after the court found a bona fide dispute of fact over an alleged partnership and held the refusal to hear oral evidence was a misdirection.
Kruuse v Hillhouse (83/2015) [2015] ZAECGHC 96 (7 July 2015)
Leave to appeal against summary judgment was dismissed. The court held that no bona fide defence was properly disclosed and the NCA registration argument failed.
Bedrock Drilling BK v Du Preez (32488/2012) [2015] ZAGPPHC 210 (20 April 2015)
The High Court granted leave to appeal after finding reasonable prospects that another court may differ on whether the parties had a partnership or joint ownership.
Konsult One CC v Strategy Partners (Pty) Ltd (2607/10) [2013] ZAWCHC 55 (19 March 2013)
The High Court held that Konsult One failed to prove a tacit partnership with Strategy Partners over several agricultural projects and dismissed the application with costs.
Islam v Kabir (CA : 280/2010) [2011] ZAECGHC 9 (11 April 2011)
The magistrate erred by granting eviction without resolving substantial disputes of fact regarding the nature of the parties' relationship and the appellant's right to occupy the premises. The evidence indicated that the parties were business partners and that the appellant had purchased the respondent's share and entered into a lease with the owner. The appellant established a legal right to remain in occupation. The application should have been dismissed, and the appeal succeeds.
Source excerpt
Pintado Trading 800 (Pty) Ltd v Fleet Africa (Pty) Ltd (5866/2009) [2010] ZAKZDHC 22 (1 June 2010)
High Court held that the proposed amendment to the particulars of claim should be allowed, with wasted costs awarded against the plaintiffs.
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