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South Africa decisions
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Vosloo v Verster and Others (Reasons) (1699/2023) [2024] ZAMPMBHC 91 (7 February 2024)
The High Court refused liquidation, partnership dissolution, and co-ownership termination, finding the applicant failed to prove deadlock, a partnership, or free co-ownership.
Dalmar Konstruksie (Pty) Ltd and Another v Mikaia Boerdery (Pty) Ltd and Another (14801/2020) [2022] ZAGPPHC 806 (7 October 2022)
High Court winding-up case over a failed Mozambique cattle venture, finding no partnership and ordering the respondent company finally wound up.
Indiza Infrastructure Solutions v Motswedi Outsourcing (3320/2007) [2018] ZAKZPHC 53 (16 October 2018)
The court granted absolution from the instance on Motswedi’s counter-application, finding no proven partnership beyond the tender and no fiduciary breach over the interim arrangement.
Indiza Infrastructure Solutions (PTY) Ltd v MEC For Education of Kwazulu-Natal and Another (3320/2007) [2018] ZAKZPHC 50 (16 October 2018)
The court found that the agreement between Indiza and Motswedi was limited to the submission and performance of the tender, which was never implemented due to the lack of a Service Level Agreement. The interim arrangement between Indiza and the Department was separate, and Motswedi was given opportunities to participate but declined. The evidence did not support the existence of a partnership extending to the interim arrangement, nor did it establish a breach of fiduciary duty by Indiza. Motswedi had full knowledge of the interim arrangement and failed to challenge Indiza's conduct, amounting…
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Pohl v Weyer (4226/15) [2016] ZAECPEHC 21 (10 May 2016)
The court found that the applicant held the exclusive right to provide radiography services at the Cath Lab under a written agreement with Life St George's Hospital. The respondent's right to work at the Cath Lab was derived from a joint venture arrangement with the applicant, not from any independent agreement with the hospital. The facts did not establish a partnership, as each party operated separate practices and did not share profits or expenses beyond the initial arrangement. The court held that the joint venture agreement was terminable on reasonable notice, which was given by the appl…
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Lillie v Berry (17701/2013) [2014] ZAWCHC 153 (7 October 2014)
The High Court upheld an exception, holding that the particulars of claim did not properly allege a partnership because profit-making was not adequately pleaded.
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.
Hughes v Ridley and Others (6550/08) [2009] ZAKZPHC 26; 2010 (1) SA 381 (KZP) (12 June 2009)
The court upheld an exception, holding the particulars did not disclose a partnership claim because the pleaded arrangement was consistent with forming a company.
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