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South Africa decisions
Decisions matching the current search
Maximum Profit Recovery (Pty) Ltd v Vaal Central Water Board (6120/2023) [2024] ZAFSHC 362 (13 November 2024)
The High Court dismissed an exception to particulars of claim, holding the pleadings disclosed a cause of action and that the vagueness complaint was not properly raised.
MMK Khumalo Trading & Projects (Pty) Ltd v Maopeng Electrical (Pty) Ltd (2021/38362) [2022] ZAGPJHC 978 (6 December 2022)
The High Court granted summary judgment for payment under an oral subcontract, finding the defendant’s denials were bald and no bona fide defence was raised.
Van der Merwe v Hendrik Fielies t/a Komeng Building & Related Services (CA & R 73/2016) [2018] ZANCHC 11 (9 February 2018)
The court found that the appellant failed to discharge the onus of proving the existence of an oral agreement for payment of R75 000.00 per km plus VAT. The evidence showed that the respondent had quoted the department a lower rate and could not have agreed to the higher tariff. The appellant's reliance on the letter from the respondent's attorneys did not assist, as it confirmed that the parties ultimately agreed to a lesser amount. The Magistrate's findings were based on the probabilities and credibility of the witnesses, and there was no material misdirection. The appeal was dismissed as t…
Source excerpt
Londlin Enterprises CC v Wang On Property CO (Pty) Ltd (77249/2010) [2013] ZAGPPHC 491 (5 December 2013)
High Court found no second oral agreement for extras and upheld the plaintiff’s claim for payment, interest, and costs.
Tente Castors SA (Pty) Ltd v Lombaard and Another (12145/08) [2011] ZAWCHC 503 (4 November 2011)
High Court enforcement of a suretyship turned on an ambiguous addendum about release of castors; the court applied contra proferentem against the defendants.
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