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South Africa Case Law

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Land And Property [2017] ZAGPPHC 393

Ebisu Dealers CC and Another v Chevron South Africa (Pty) Ltd (35042/2016)

Ebisu Dealers CC and Another v Chevron South Africa (Pty) Ltd (35042/2016) [2017] ZAGPPHC 393 (23 June 2017)

Court
North Gauteng High Court, Pretoria
Case number
35042/2016
Judge
S P Mothle

The court found that the restrictive condition registered against the title deeds constitutes a valid real right, binding on successors in title and restricting the use of the property itself, not the owner. The Petroleum Products Act does not abolish common law rights nor create real rights that override registered title conditions. The restraint of trade doctrine does not apply to conditions restricting property use. The applicants purchased the property with full knowledge of the condition and accepted it. The constitutional arguments under sections 22 and 25(1) were dismissed as the condi…

Source excerpt

  • Restrictive Conditions On Title
  • Restraint Of Trade
  • Trade Mark Infringement
  • Petroleum Products Regulation
  • Servitude Vs Personal Right
  • Costs De Bonis Propriis
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Commercial And Corporate [2007] ZAKZHC 56

Pratsch t/a Caltex Mooi River v Rasmussen (10369/2004)

Pratsch t/a Caltex Mooi River v Rasmussen (10369/2004) [2007] ZAKZHC 56; 2008 (2) SA 243 (N) (7 June 2007)

Court
High Courts - Kwazulu Natal
Case number
10369/2004
Judge
Koen

The court found that neither the Petroleum Products Act nor its regulations expressly provide that a contract concluded in contravention of regulation 4(1) is null and void. Invalidity should not be imputed unless necessary to achieve the legislative purpose, and greater inconvenience may result from rescission than from the unlawful act itself. The court adopted the reasoning in Smith v Louw's Garage, holding that the legislature did not intend contracts in contravention of regulation 4(1) to be invalid. Therefore, the sale of petroleum products by the plaintiff to the defendant during the r…

Source excerpt

  • Petroleum Products Regulation
  • Credit Sale Enforceability
  • Statutory Prohibition
  • Contract Invalidity
  • Special Plea
  • Costs Reservation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.