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Jurgens Campworld (Pty) Ltd v Prestige Campworld (Pty) Ltd (6811/2020) [2020] ZAGPPHC 659 (5 June 2020)
The High Court dismissed an application to recover caravans under a consignment agreement, finding the applicant lacked valid authority to act and litigate.
Hanna v Basson and Others (15003/08) [2015] ZAGPJHC 343; [2016] 1 All SA 201 (GJ) (1 September 2015)
The court found that the first defendant repudiated the agreement prior to 7 June 2007 by persistently denying its validity and refusing to perform, which suspended the plaintiff's obligation to perform. The plaintiff remained willing and able to perform, as evidenced by repeated requests for the settlement figure and offers to pay. The cancellation of the agreement on 27 February 2008 was invalid, as the plaintiff's performance was suspended due to the defendant's repudiation and the defendant's conduct made proper performance impossible. The right of pre-emption did not equate the contract…
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