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South Africa decisions
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Cohen N.O and Others v D (368/2022) [2023] ZASCA 56 (20 April 2023)
The Supreme Court of Appeal refused summary judgment where the plaintiff relied on the wrong trust deed and the trustees disclosed a bona fide defence.
Nedbank Limited v Rinor Civils (Pty) Ltd and Others (5696/2021) [2022] ZAFSHC 224 (15 September 2022)
The High Court refused summary judgment because the plaintiff sued on an agreement later amended by addendum, creating a defect in the pleaded cause of action.
BMW Financial Services (South) Africa (Pty) Ltd v Homeware Building Construction CC and Others (55016/2010, 55016/2010) [2011] ZAGPPHC 88 (12 May 2011)
Summary judgment was refused because the plaintiff’s particulars of claim failed to allege lawful cancellation of the instalment sale agreements before seeking return of the vehicles.
Seeff Commercial and Industrial Properties (Pty) Ltd v Silberman (304 / 98) [2001] ZASCA 36; [2001] 3 All SA 133 (A); 2001 (3) SA 952 (SCA) (26 March 2001)
The Supreme Court of Appeal held that a contract was concluded between the parties in September 1994 on the terms set out in Annexure A1, as amended by paragraph 1 of A5 regarding price increases for materials. The court found that the respondent's silence and subsequent conduct amounted to tacit acceptance of the counter-offer, and that the appellant proceeded with the project on this basis. The court rejected the appellant's argument that express communication of acceptance was required, noting that the circumstances and commercial practice justified an inference of acceptance. The appeal w…
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