South Africa Case Law

Jehring and Others v Times Media Group (A279/2017)

Jehring and Others v Times Media Group (A279/2017) [2018] ZAWCHC 190 (21 August 2018)

Court

Western Cape High Court, Cape Town

Case number

A279/2017

Judges

Bozalek, Boqwana, Savage

The court found that the appellants failed to prove the existence of the expansive oral agreement pleaded as having been concluded on 4 September 2012. The evidence established only a limited interim arrangement for the rollout of 16 kiosks, with Mr Jehring to receive a management fee and certain resources allocated, pending further negotiations. Material terms such as shareholding, funding, and duration were not agreed, and the parties expressly contemplated future negotiation. The respondent's acquisition of Avusa transferred only the limited obligations arising from this interim arrangemen…

Source excerpt

• Oral Contracts
• Repudiation
• Damages For Breach
• Joint Venture
• Pleadings Precision

Millennium Waste Management (Pty) Ltd v Sol Plaatjie Municipality (1585/2008)

Millennium Waste Management (Pty) Ltd v Sol Plaatjie Municipality (1585/2008) [2016] ZANCHC 68 (15 December 2016)

Court

Northern Cape High Court, Kimberley

Case number

1585/2008

Judge

Lever AJ

Leave to appeal was refused because the applicant relied on pleadings and a new “part C” interpretation that had not been properly pleaded or proved.

• Pleadings Precision
• Absolution From Instance
• Contractual Damages
• Tender Process
• Pleadings-precision
• Leave-to-appeal

Biko v Minister of Police (47679/2014)

Biko v Minister of Police (47679/2014) [2016] ZAGPPHC 1219 (15 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

47679/2014

Judge

D S Molefe

The High Court held that the plaintiff’s continued detention after arrest was unlawful and awarded damages for unlawful detention and loss of earnings.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Loss Of Earnings
• Pleadings Precision
• Unlawful-detention

Emakhazeni Local Municipality v Mkansi NO (53902/15)

Emakhazeni Local Municipality v Mkansi NO (53902/15) [2016] ZAGPPHC 888 (23 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

53902/15

Judge

Tlhapi VV

The High Court upheld an exception to particulars of claim, finding the municipality had not pleaded enough facts to disclose a cause of action or explain the amount claimed.

• Pleadings Precision
• Cause Of Action
• Contractual Breach
• Exception Procedure
• Exception-to-particulars-of-claim
• Pleadings-precision

Independent Newspapers (Pty) Ltd v Brittania Bay Developers (Pty) Ltd (6680/2008)

Independent Newspapers (Pty) Ltd v Brittania Bay Developers (Pty) Ltd (6680/2008) [2012] ZAWCHC 30 (17 April 2012)

Court

Western Cape High Court, Cape Town

Case number

6680/2008

Judge

P.A.L. Gamble

High Court judgment dismissing a newspaper publisher’s claim for unpaid advertising fees after finding no proven authority, ratification, or estoppel.

• Agency Authority
• Ratification
• Estoppel
• Pleadings Precision
• Agency-authority
• Pleadings

Independent Newspapers (Pty) Ltd v Brittania Bay Developers (Pty) Ltd (6680/08)

Independent Newspapers (Pty) Ltd v Brittania Bay Developers (Pty) Ltd (6680/08) [2012] ZAWCHC 258 (17 April 2012)

Court

Western Cape High Court, Cape Town

Case number

6680/08

Judge

P.A.L. Gamble

The court dismissed a newspaper’s claim for unpaid advertising costs, finding no proved authority, ratification, or estoppel against the defendant.

• Agency Authority
• Estoppel By Representation
• Ratification
• Oral Contracts
• Pleadings Precision
• Agency-authority