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South Africa decisions
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Mdazane and Another v Nene and Another (EL 799/2020) [2024] ZAECELLC 42 (29 October 2024)
High Court dispute over a verbal tender arrangement for surgical masks. The court rejected a claimed partnership, enforced the admitted R650,000 payment, and dismissed the larger damages claim.
Mafuyeka and Another v Netshitomboni and Others (24398/22) [2024] ZAGPPHC 851 (29 August 2024)
The court granted joinder of Space Securitization (Pty) Ltd and dismissed an application to compel security for costs, finding non-compliance with Rule 47(1).
Van Eden v Delcloo and Another (36792/2021) [2023] ZAGPPHC 1155 (8 September 2023)
High Court referral of an alleged oral partnership dispute to oral evidence, after conflicting affidavits could not resolve factual issues on the papers.
De Jager v Heyman (12/31738) [2022] ZAGPJHC 1019 (6 December 2022)
The High Court adopted a referee’s report, rejected the defendant’s special pleas, and awarded the plaintiff the capital sum, interest, and costs.
Onegrain (Pty) Ltd v Theron and Others (4679/2021) [2022] ZAFSHC 54 (11 March 2022)
The court granted delivery of movable property to the applicant under an instalment sale agreement, finding no genuine partnership or dispute of fact.
Hyde v Hyde and Others (8509/2020) [2021] ZAWCHC 9 (3 February 2021)
A PAIA application succeeded after the court found the applicant showed a prima facie partnership right to company financial statements.
Booysen and Others v Ralais Investments CC (6470/18) [2019] ZAGPJHC 144 (14 May 2019)
The court found that the proposed amendment failed to disclose a cause of action based on partnership, as the particulars of claim did not specify the date, terms, or duration of the partnership agreement. Furthermore, the contract-based claim did not sustain the relief sought in the amended prayers. Granting the amendment would render the particulars of claim excipiable for failing to disclose a cause of action or for vagueness and embarrassment. The court exercised its discretion to refuse the amendment, upholding the defendant's objections and dismissing the application to amend.
Source excerpt
Isaacs v Potgieter and Others (5010/2014) [2019] ZAGPJHC 92 (27 March 2019)
Appeal upheld: the agreement was set aside because Isaacs signed under undue influence, not freely and voluntarily.
Durr v Noe and Others (A150/18; 6802/2013) [2019] ZAWCHC 10 (15 February 2019)
High Court appeal against a costs order after an exception to a conditional counterclaim in a partnership dispute. The appeal was upheld and the costs order set aside.
Paruk N.O and Others v Commercial Properties (Pty) Ltd (10679/2012) [2018] ZAKZDHC 54 (11 October 2018)
The High Court allowed additional plaintiffs to join a long-running partnership dispute and permitted amendment of the claim, while dismissing objections to attorneys and affidavits.
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