South Africa Case Law

Idola (Pty) Ltd, Twin City Reality (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (047352/2023)

Idola (Pty) Ltd, Twin City Reality (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (047352/2023) [2023] ZAGPJHC 578 (25 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

047352/2023

Judge

GC Wright

The High Court granted urgent interim relief stopping municipal service disconnections to a residential building, subject to ongoing payment of current charges.

• Municipal Services Disconnection
• Interim Interdict
• Constitutional Rights Of Children
• Payment Dispute
• Urgent Relief
• Municipal-services-disconnection

Glazing Botswana (Pty) Ltd v Royal Africa Truck Sales (51620/2009)

Glazing Botswana (Pty) Ltd v Royal Africa Truck Sales (51620/2009) [2015] ZAGPPHC 569 (11 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

51620/2009

Judge

Matojane

The High Court found for the plaintiff in a trailer-sale dispute, holding that the defendant breached the agreement by failing to deliver and provide export documents.

• Repudiation Of Contract
• Specific Performance
• Damages For Breach
• Oral Agreement Of Sale
• Payment Dispute
• Repudiation-of-contract

Henen's Meat Market (Pty) Ltd v Solly's Catering Equipment CC (CA 269/2009)

Henen's Meat Market (Pty) Ltd v Solly's Catering Equipment CC (CA 269/2009) [2010] ZAECGHC 43 (3 June 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 269/2009

Judges

Bloem, Kroon

The court found the appellant's version more probable and credible. The evidence established that only seven fridges were sold, not ten, and that the respondent paid only R10,000 in cash. The respondent's claim of having paid an additional R10,000 by cheque was rejected as improbable and unsupported by documentary evidence. The cheque for R30,000 was dishonoured, and the respondent failed to pay the balance. Delivery of the fridges occurred and ownership passed to the respondent upon conclusion of the agreement. The Magistrate erred by failing to resolve the factual disputes and granting abso…

Source excerpt

• Sale Of Goods
• Oral Contract
• Payment Dispute
• Delivery Of Merx
• Voetstoots Sale

Lishwa Constructions CC v Hard Property Development Group

Lishwa Constructions CC v Hard Property Development Group [2005] ZAGPHC 371; 92/05/01 (17 August 2005)

Court

High Courts - Gauteng

Case number

4092/05

Judge

Willis

The High Court granted provisional sentence on dishonoured cheques, finding the defendants' payment and completion defences unsubstantiated.

• Provisional Sentence
• Dishonoured Cheque
• Payment Dispute
• Provisional-sentence
• Dishonoured-cheque
• Payment-dispute