South Africa Case Law

Kucer v De Kuile Boerdery CC (7573/2022)

Kucer v De Kuile Boerdery CC (7573/2022) [2025] ZALMPPHC 36 (19 February 2025)

Court

Limpopo High Court, Polokwane

Case number

7573/2022

Judge

Bresler AJ

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…

Source excerpt

• Partnership Agreement
• Oral Contract
• Burden Of Proof
• Profit Sharing
• Contractual Intent

Simango v Nkuna (1515/2020)

Simango v Nkuna (1515/2020) [2024] ZALMPPHC 1 (10 January 2024)

Court

Limpopo High Court, Polokwane

Case number

1515/2020

Judge

Kanyane

The High Court held that the plaintiff failed to prove an alleged oral partnership agreement and dismissed the claim with costs.

• Partnership Agreement
• Specific Performance
• Burden Of Proof
• Oral Contract
• Contractual Liability
• Oral-contract

El-Sha Consulting (Pty) Ltd v Serfontein and Others (5149/2021)

El-Sha Consulting (Pty) Ltd v Serfontein and Others (5149/2021) [2021] ZAFSHC 304 (2 December 2021)

Court

Free State High Court, Bloemfontein

Case number

5149/2021

Judge

Mathebula

The High Court granted an urgent interim interdict in a farming partnership dispute, finding urgency, a prima facie right, irreparable harm, and no adequate alternative remedy.

• Urgent Interdict
• Partnership Agreement
• Prima Facie Right
• Balance Of Convenience
• Irreparable Harm
• Urgent-interdict

Sebokuboku Constructions and Water Supply CC v PJMJ Engineering and Plant Hire CC (36/2015)

Sebokuboku Constructions and Water Supply CC v PJMJ Engineering and Plant Hire CC (36/2015) [2019] ZALMPPHC 34 (18 July 2019)

Court

Limpopo High Court, Polokwane

Case number

36/2015

Judge

Makgoba JP

The High Court found an oral partnership existed between the parties for a road project and ordered payment of outstanding disbursements, interest, an account, debatement, and costs.

• Partnership Agreement
• Oral Contract
• Reimbursement Of Expenses
• Statement And Debatement
• Joint Venture
• Proof Of Partnership

Ledidi v Lididi and Another (5503/2018)

Ledidi v Lididi and Another (5503/2018) [2019] ZAFSHC 50 (7 March 2019)

Court

Free State High Court, Bloemfontein

Case number

5503/2018

Judge

Morobane, AJ

The court found that material disputes of fact exist regarding the terms of the alleged agreement, the nature of the business relationship, and the ownership of the vehicles and operating licences. These disputes cannot be resolved on affidavit evidence alone, as required by the Plascon-Evans rule. The respondent's version is not so far-fetched as to be rejected on the papers. Accordingly, the matter must be referred to trial for proper ventilation of the facts. The preliminary points of non-joinder and condonation for late filing were addressed and dismissed or granted as appropriate. The ap…

Source excerpt

• Dispute Of Facts
• Partnership Agreement
• Ownership Of Vehicles
• Condonation Of Late Filing

Durr v Noe and Others (6802/2013)

Durr v Noe and Others (6802/2013) [2017] ZAWCHC 162 (8 September 2017)

Court

Western Cape High Court, Cape Town

Case number

6802/2013

Judge

Andrews AJ

The High Court dismissed an exception to a conditional counterclaim in a partnership dispute, holding the claim could not be struck out before the main issues were tried.

• Partnership Agreement
• Actio Pro Socio
• Conditional Counterclaim
• Liquidation Of Partnership
• Statement And Debatement
• Partnership-agreement

Pholile Business Solutions CC v Sidas Security Guards (Pty) Ltd (09103/12)

Pholile Business Solutions CC v Sidas Security Guards (Pty) Ltd (09103/12) [2017] ZAGPJHC 206 (5 July 2017)

Court

South Gauteng High Court, Johannesburg

Case number

09103/12

Judge

M M Mabesele

The High Court found a partnership existed for a tender bid and ordered the defendant to render an account, debate it, pay any amount due, and pay costs.

• Partnership Agreement
• Accounting And Debate
• Onus Of Proof
• Contractual Obligations
• Partnership-agreement
• Accounting-and-debate

Nkosi and Another v Sugar Creek Trading 278 (Pty) Ltd and Others (23401/2013)

Nkosi and Another v Sugar Creek Trading 278 (Pty) Ltd and Others (23401/2013) [2016] ZAGPJHC 332 (13 December 2016)

Court

South Gauteng High Court, Johannesburg

Case number

23401/2013

Judge

Van der Linde

The High Court found an oral partnership existed among four businessmen, held company shares were partnership assets, and ordered an accounting and payout.

• Partnership Agreement
• Declaratory Relief
• Statement And Debate Of Account
• Distribution Of Partnership Assets
• Credibility Assessment
• Dissolution Of Partnership

De Jager and Another v Nguni Grill-Ellisras Partnership and Others (10943/2015)

De Jager and Another v Nguni Grill-Ellisras Partnership and Others (10943/2015) [2016] ZAGPPHC 380 (31 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

10943/2015

Judge

Ranchod

The court found that the partnership was between De Jager and Victor, and that they held the business on an equal basis rather than 30-70.

• Partnership Agreement
• Profit Sharing
• Contractual Consensus
• Silent Partner
• Financial Contribution
• Partnership-law

Numbi Training & Research Consultants v Soweto Retired Professional Society and Others (69609/10)

Numbi Training & Research Consultants v Soweto Retired Professional Society and Others (69609/10) [2015] ZAGPPHC 1040 (6 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

69609/10

Judge

TS Madima

The High Court found an oral partnership existed for a health-training tender, but awarded the plaintiff only a proportionate share based on partial performance.

• Partnership Agreement
• Breach Of Contract
• Quantum Of Damages
• Unjust Enrichment
• Partnership-agreement
• Breach-of-contract