South Africa Case Law

Fine Asset Investment 393 CC t/a Kalahari Hydraulics v Rudolf Jansen t/a Mofencha Consulting (65466/2015)

Fine Asset Investment 393 CC t/a Kalahari Hydraulics v Rudolf Jansen t/a Mofencha Consulting (65466/2015) [2020] ZAGPPHC 24 (25 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

65466/2015

Judge

A Millar

The court found for the plaintiff in a goods-sold dispute, rejecting the defendant’s oral-version defence and ordering payment, interest, and costs.

• Oral Contract
• Goods Sold And Delivered
• Payment Terms
• Mutually Destructive Versions
• Oral-contract
• Goods-sold-and-delivered

Pure Event Gear CC v Oratilwe Consultants CC t/a Exclusive Management Services (2015/31003)

Pure Event Gear CC v Oratilwe Consultants CC t/a Exclusive Management Services (2015/31003) [2016] ZAGPJHC 80 (29 April 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2015/31003

Judge

L Adams

The High Court granted final liquidation after finding the respondent’s debt of R814,970 was due and payable, and rejecting a claimed payment-deferral usage.

• Close Corporation Liquidation
• Commercial Insolvency
• Contractual Interpretation
• Trade Usage
• Payment Terms
• Close-corporation-liquidation

Tendering Marketing Services CC t/a TMS Steel v Wessel & Watson Steel (Pty) Limited (2015/17593)

Tendering Marketing Services CC t/a TMS Steel v Wessel & Watson Steel (Pty) Limited (2015/17593) [2015] ZAGPJHC 260 (25 November 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2015/17593

Judge

L Adams

The court held that the asset-sale agreement was between the parties, fixed payment terms, and was not novated. Judgment was granted for the outstanding balance, interest, and costs.

• Contractual Interpretation
• Novation
• Payment Terms
• Mora Interest
• Contract-interpretation
• Payment-terms

Gakuba v Firstrand Bank Ltd and Others (2014/42463)

Gakuba v Firstrand Bank Ltd and Others (2014/42463) [2015] ZAGPJHC 201 (11 September 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/42463

Judge

WHG Van der Linde

The High Court dismissed an application to set aside a sale in execution, finding the debtor had not complied with agreed deferment payment terms.

• Sale In Execution
• Mortgage Bond Enforcement
• Contractual Compliance
• Payment Terms
• Rule 7 Application
• Sale-in-execution

Triotrade Gauteng CC v Grainco (Edms.) Bpk. (10375/12)

Triotrade Gauteng CC v Grainco (Edms.) Bpk. (10375/12) [2015] ZAGPPHC 595 (22 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

10375/12

Judge

C.P. Rabie

High Court held that the parties concluded a binding oral and email contract for groundnuts, despite no signed written agreement, and awarded damages for non-delivery.

• Contract Formation
• Specific Performance
• Oral Agreement
• Repudiation
• Damages For Breach
• Payment Terms

Kaleida Project Management Company Ltd v Kalagadi Manganese (Pty) Ltd and Another (56782/13)

Kaleida Project Management Company Ltd v Kalagadi Manganese (Pty) Ltd and Another (56782/13) [2015] ZAGPPHC 324 (11 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

56782/13

Judge

Mngqibisa-Thusi

The High Court dismissed a claim for payment on work done before a main agreement was concluded, finding the applicant had accepted the work was at its own risk.

• Contractual Risk
• Acknowledgement Of Debt
• Arbitration Clause
• Payment Terms
• Acknowledgement-of-debt
• Contractual-risk

Trademore (Pty) Ltd v Zam Zam Logistics CC (45 455/13)

Trademore (Pty) Ltd v Zam Zam Logistics CC (45 455/13) [2014] ZAGPJHC 239 (26 May 2014)

Court

South Gauteng High Court, Johannesburg

Case number

45 455/13

Judge

C Reyneke

The High Court held that the carrier had no valid lien over the goods and ordered their release, finding payment was due 14 days after invoice.

• Road Carrier Agreement
• Lien
• Rei Vindicatio
• Payment Terms
• Final Interdict
• Carrier-lien

MPS Consulting Engineers And Town Planners (Pty) Ltd v Archi-M Architects CC (873/2013)

MPS Consulting Engineers And Town Planners (Pty) Ltd v Archi-M Architects CC (873/2013) [2014] ZAFSHC 64 (20 March 2014)

Court

Free State High Court, Bloemfontein

Case number

873/2013

Judges

C.J. Musi, S. Ebrahim, C. Van Zyl

Appeal against summary judgment in a consulting-fees dispute succeeded after the court found a bona fide defence based on payment conditionality and contract interpretation.

• Summary Judgment
• Contractual Interpretation
• Parol Evidence Rule
• Payment Terms
• Non Variation Clause
• Summary-judgment

Speedy Repro & Design v Khanyile and Others (8262/06)

Speedy Repro & Design v Khanyile and Others (8262/06) [2011] ZAKZDHC 38 (5 May 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

8262/06

Judge

Murugasen

The court found that the three defendants contracted with the plaintiff in their personal capacities as OBE Publishers, and did not sufficiently notify the plaintiff of any change to a close corporation. The evidence showed that the plaintiff performed the complete production of textbooks, including design, layout, and printing, as specified in Annexure A, and that the agreed contract price was R708 085.37. The defendants accepted delivery and invoices without dispute and made partial payments, but failed to pay the balance. The court rejected the defendants' version as improbable and unsuppo…

Source excerpt

• Oral Contract
• Personal Liability Of Members
• Contract Price
• Payment Terms
• Outsourcing
• Joint And Several Liability