South Africa Case Law

Nepgen v Landskron (52270/2015)

Nepgen v Landskron (52270/2015) [2024] ZAGPPHC 537 (14 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

52270/2015

Judge

N Davis

The court found that the amount due upon dissolution of the partnership was ascertainable by both parties, and the fact that they computed different amounts did not render the debt unascertainable. The court distinguished the present case from Victoria Falls, noting that the latter involved damages difficult to quantify, whereas this case involved a contractual claim for a determinable balance. The court exercised its discretion under the Prescribed Rate of Interest Act and held that interest should run from the date of service of summons, as depriving the plaintiff of such interest would be…

Source excerpt

• Prescribed Rate Of Interest Act
• Partnership Dissolution
• Quantum Determination
• Mora Interest

Pooe v Macheke (72144/2018)

Pooe v Macheke (72144/2018) [2024] ZAGPPHC 366 (10 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

72144/2018

Judge

Labuschagne

Urgent application dismissed for non-joinder and because the underlying partnership order was suspended pending appeal; the court declined punitive costs.

• Non Joinder
• Partnership Dissolution
• Profit Sharing
• Urgent Interdict
• Costs Order
• Non-joinder

Mofokeng v Mxunya (2021-0081)

Mofokeng v Mxunya (2021-0081) [2024] ZAGPJHC 260 (12 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021-0081

Judge

Wright

The High Court found the partnership dispute was not ready for trial because discovery was incomplete, and postponed the matter sine die with costs reserved.

• Partnership Dissolution
• Trial Postponement
• Discovery Of Documents
• Partnership-dissolution
• Trial-postponement
• Discovery-of-documents

Slabbert and Another v Moodie and Others (9688/2023)

Slabbert and Another v Moodie and Others (9688/2023) [2024] ZAGPPHC 230 (4 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

9688/2023

Judge

Reinard Michau

The High Court appointed a liquidator to realise and distribute partnership assets after a dissolved partnership remained unresolved for nearly three years.

• Partnership Dissolution
• Liquidation Of Assets
• Actio Pro Socio
• Distribution Of Partnership Property
• Partnership-dissolution
• Liquidation-of-assets

Albaraka Bank Limited v New Turn Investments (Pty) Ltd (D4030/2022)

Albaraka Bank Limited v New Turn Investments (Pty) Ltd (D4030/2022) [2023] ZAKZDHC 85 (13 November 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D4030/2022

Judge

Mossop

The High Court dismissed an application for leave to appeal in a partnership dispute, holding that no reasonable prospects of success were shown.

• Leave To Appeal Standard
• Partnership Dissolution
• Actio Communi Dividundo
• Judicial Oversight Of Sale
• Sharia Compliant Finance
• Leave-to-appeal

Albaraka Bank v New Turn Investments (Pty) Ltd (D3715/2021)

Albaraka Bank v New Turn Investments (Pty) Ltd (D3715/2021) [2023] ZAKZDHC 43 (18 July 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D3715/2021

Judge

Mossop J

The High Court terminated a Sharia-compliant property partnership after breach, appointing a liquidator but refusing an interrogation power.

• Sharia Compliant Finance
• Partnership Dissolution
• Actio Communi Dividundo
• Mortgage Bond Enforcement
• Constitutional Right To Housing
• Sharia-compliant-finance

De Wet and Another v Gambeno and Another (434/2022)

De Wet and Another v Gambeno and Another (434/2022) [2023] ZAECELLC 13 (30 May 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

434/2022

Judge

Laing

The High Court granted leave to appeal after finding the applicants’ reading of partnership clauses on business continuity and restraint of trade was reasonably arguable.

• Partnership Dissolution
• Interpretation Of Contracts
• Restraint Of Trade
• Interdict
• Leave To Appeal
• Partnership-dissolution

Mohamed and Another v Ninth Avenue Mayfair Properties (Pty) Ltd and Others (22/8127)

Mohamed and Another v Ninth Avenue Mayfair Properties (Pty) Ltd and Others (22/8127) [2023] ZAGPJHC 229 (15 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

22/8127

Judge

M Olivier

The High Court dismissed an exception to particulars of claim in a family property dispute, holding the pleadings were sufficiently detailed to proceed.

• Exception Procedure
• Partnership Dissolution
• Alienation Of Land Act
• Acquisitive Prescription
• Pleading Requirements
• Non Joinder

Schalekamp and Others v PKF Octagon Chartered Accountants and Others (2023-008583)

Schalekamp and Others v PKF Octagon Chartered Accountants and Others (2023-008583) [2023] ZAGPJHC 184 (21 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-008583

Judge

E F Dippenaar

The court found that the partnership agreement and its addendum, properly interpreted, did not confer on the applicants a contractual right to enforce the restraint of trade provisions against the respondents after their departure from the partnership. The restraint clause protected the proprietary interests and goodwill of the partnership as a collective entity, not the individual partners or their practices. The applicants failed to establish a clear right to the relief sought, as the employees in question were employed by Moore Infinity and not by the applicants, and the partnership had di…

Source excerpt

• Restraint Of Trade
• Specific Performance
• Contract Interpretation
• Final Interdict
• Partnership Dissolution

De Wet and Another v Gambeno and Another (434/2022)

De Wet and Another v Gambeno and Another (434/2022) [2022] ZAECELLC 32 (22 November 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

434/2022

Judge

Laing

The court dismissed an urgent interdict application arising from a dissolved partnership dispute, holding that the applicants had no enforceable right to ongoing business control.

• Partnership Dissolution
• Interdictory Relief
• Joinder Of Parties
• Employment Relationship
• Liquidation And Distribution
• Partnership-dissolution