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South Africa Case Law

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Civil Procedure [2023] ZAWCHC 72

JVZ JV and Others v City of Cape Town (4873/2022)

JVZ JV and Others v City of Cape Town (4873/2022) [2023] ZAWCHC 72 (13 April 2023)

High Court exception case over a construction contract claim: the court upheld exceptions, finding the pleadings lacked clarity and granting leave to amend.

  • Exception To Pleadings
  • Construction Contracts
  • Penalty Stipulation
  • Contractual Breach
  • Damages
  • Leave To Amend
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Commercial And Corporate [2020] ZAGPPHC 340

Astfin North (Pty) Ltd t/a Assetfin (previously known as IAB Financial Services) v Digital Direct CC and Another (87605/14)

Astfin North (Pty) Ltd t/a Assetfin (previously known as IAB Financial Services) v Digital Direct CC and Another (87605/14) [2020] ZAGPPHC 340 (27 July 2020)

The High Court held that the penalty clause in rental agreements was not disproportionate to the plaintiff’s prejudice and awarded the full claim.

  • Conventional Penalties Act
  • Specific Performance
  • Penalty Stipulation
  • Contractual Breach
  • Reduction Of Penalty
  • Conventional-penalties-act
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Labour Law [2015] ZALCJHB 59

Syrex (Pty) Ltd v Ramfolo (J1267/14)

Syrex (Pty) Ltd v Ramfolo (J1267/14) [2015] ZALCJHB 59; (2015) 36 ILJ 2132 (LC) (27 February 2015)

The Labour Court dismissed an employer’s claim for notice-period damages and training-cost repayment, finding no proof of actual loss and treating the training clause as an excessive penalty.

  • Breach Of Employment Contract
  • Contractual Damages
  • Conventional Penalties Act
  • Probationary Training
  • Penalty Stipulation
  • Contractual-damages
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.