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South Africa Case Law

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Commercial And Corporate [2021] ZAFSHC 338

Rudnat Projects v Nketoane Local Municipality and Others (2870/2013)

Rudnat Projects v Nketoane Local Municipality and Others (2870/2013) [2021] ZAFSHC 338 (22 October 2021)

The court found a tacit agreement for professional services, rejected prescription objections to alternative claims, and awarded Rudnat Projects damages and costs against Nketoane.

  • Tacit Contract
  • Municipal Liability
  • Professional Services Fees
  • Prescription Act
  • Unjust Enrichment
  • Delictual Claim
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Civil Procedure [2017] ZAGPJHC 39

Johrews Mancorp and Publishers CC and Others v Du Toit Littleton Incorporated (15337/2014)

Johrews Mancorp and Publishers CC and Others v Du Toit Littleton Incorporated (15337/2014) [2017] ZAGPJHC 39 (3 February 2017)

The High Court rescinded a default judgment, finding the applicants were not in wilful default and had shown a bona fide defence on the fees claimed.

  • Rescission Of Judgment
  • Default Judgment
  • Liquidated Vs Unliquidated Claims
  • Professional Services Fees
  • Prescription
  • Rescission-of-judgment
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Commercial And Corporate [2013] ZAECGHC 110

Formex Engineering Pty Ltd v Ivo Huisman & Associates CC (CA 239/2011)

Formex Engineering Pty Ltd v Ivo Huisman & Associates CC (CA 239/2011) [2013] ZAECGHC 110 (17 October 2013)

Appeal dismissed. The High Court upheld findings that the parties concluded an oral agreement for engineering services and that the respondent proved its fees.

  • Oral Contract
  • Professional Services Fees
  • Credibility Of Witnesses
  • Onus Of Proof
  • Oral-contract
  • Professional-services-fees
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Civil Procedure [2012] ZAFSHC 39

South African Commercial Catering and Allied Workers Union v Kramer Weihmann & Joubert (3818/2011)

South African Commercial Catering and Allied Workers Union v Kramer Weihmann & Joubert (3818/2011) [2012] ZAFSHC 39 (15 March 2012)

The Free State High Court rescinded a summary judgment after finding sufficient cause: the applicant’s default was due to attorneys’ neglect and the fee claim was disputed.

  • Rescission Of Judgment
  • Summary Judgment
  • Sufficient Cause
  • Professional Services Fees
  • Rescission-of-judgment
  • Summary-judgment
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Commercial And Corporate [2009] ZAECPEHC 33

Goba (Pty) Ltd v Rohrich NO and Others (953/2008)

Goba (Pty) Ltd v Rohrich NO and Others (953/2008) [2009] ZAECPEHC 33 (21 July 2009)

The court held that the trust’s silence, in a longstanding commercial relationship, accepted revised fee proposals for engineering services and ordered payment.

  • Contractual Silence Acceptance
  • Professional Services Fees
  • Duty To Speak
  • Quantum Of Claim
  • Interest A Tempore Morae
  • Contractual-silence
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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.