South Africa Case Law

Kucer v De Kuile Boerdery CC (7573/2022)

Kucer v De Kuile Boerdery CC (7573/2022) [2025] ZALMPPHC 36 (19 February 2025)

Court

Limpopo High Court, Polokwane

Case number

7573/2022

Judge

Bresler AJ

The Court found that the Plaintiff failed to discharge the onus of proving the existence of a partnership agreement on a balance of probabilities. The evidence and documentation presented were susceptible to a reasonable alternative interpretation, namely that of an employer/employee or employer/contractor relationship. The Plaintiff's own instructions to his tax consultant and the accounting records did not support the existence of a partnership. The absence of separate partnership accounting and the lack of unequivocal conduct consistent only with a partnership led the Court to conclude tha…

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• Partnership Agreement
• Oral Contract
• Burden Of Proof
• Profit Sharing
• Contractual Intent

Pooe v Macheke (72144/2018)

Pooe v Macheke (72144/2018) [2024] ZAGPPHC 366 (10 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

72144/2018

Judge

Labuschagne

Urgent application dismissed for non-joinder and because the underlying partnership order was suspended pending appeal; the court declined punitive costs.

• Non Joinder
• Partnership Dissolution
• Profit Sharing
• Urgent Interdict
• Costs Order
• Non-joinder

TSI Communications CC v Omega M Projects (2022/13169)

TSI Communications CC v Omega M Projects (2022/13169) [2023] ZAGPJHC 1081 (27 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/13169

Judge

Dlamini

The High Court dismissed an exception to particulars of claim in a partnership dispute, holding that the actio pro socio may be brought during the partnership.

• Exception To Pleadings
• Actio Pro Socio
• Partnership Disputes
• Cause Of Action
• Profit Sharing
• Vagueness And Embarrassment

Annandale v Meintjies and Meintjies Rekenmeesters and Another CC

Annandale v Meintjies and Meintjies Rekenmeesters and Another CC [2023] ZAGPPHC 134; A177/2020 (28 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

A177/2020

Judges

Neukircher, Sardiwalla, Malungana

The majority found that the trial court correctly accepted the respondent's version and rejected the appellant's account. The evidence and probabilities supported the conclusion that the appellant was engaged as a sub-contractor, entitled to one third of nett profits, and not as a purchaser or successor of the respondent's business or client base. The appellant's version was found to be improbable, unsupported by documentary evidence, and contradicted by the conduct of the parties and correspondence. The trial court's credibility findings were upheld, and the appeal was dismissed with costs.…

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• Oral Agreement
• Statement And Debatement Of Account
• Profit Sharing
• Sub Contracting
• Credibility Assessment
• Termination Of Agreement

Tilt Cool Tech CC v Onsite Gas International (Pty) Ltd (49661/2017)

Tilt Cool Tech CC v Onsite Gas International (Pty) Ltd (49661/2017) [2020] ZAGPPHC 160 (21 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

49661/2017

Judge

RG Tolmay

The court found, on a balance of probabilities, that two oral agreements existed between Tilt and OSG, including the disputed 60/40 profit share term. The credibility of Tilt's witness was accepted, while OSG's representative was found unreliable and evasive. Documentary evidence and correspondence supported Tilt's version. Tilt was entitled to payment for outstanding invoices and additional materials under the first agreement. Under the second agreement, Tilt was entitled to a statement and debatement of account to determine its profit share, as OSG had exclusive knowledge of project profits…

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• Oral Contract
• Statement And Debatement Of Account
• Profit Sharing
• Damages For Breach
• Fiduciary Duty

Meintjies and Meintjies Rekenmeesters CC v Annadale and Another (81541/2017)

Meintjies and Meintjies Rekenmeesters CC v Annadale and Another (81541/2017) [2019] ZAGPPHC 975 (10 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

81541/2017

Judge

C.J Collis

The High Court found that the first respondent was contracted to provide accounting services on a profit-share basis, not to take over the business.

• Oral Agreement
• Profit Sharing
• Close Corporation
• Executor Authority
• Contractual Dispute
• Oral-agreement

Meecham v Naude and Another (41450/2017)

Meecham v Naude and Another (41450/2017) [2018] ZAGPJHC 722 (9 October 2018)

Court

South Gauteng High Court, Johannesburg

Case number

41450/2017

Judge

Windell

The High Court held that a 10 April 2013 email did not cap payment at R6 million for the later whole-property sale and found a new July 2013 agreement.

• Joint Venture Agreement
• Contract Amendment
• Profit Sharing
• Repudiation
• Wasted Costs
• Joint-venture-agreement

Teague v Zest Electric Motors (Pty) Ltd and Another (34512/2015)

Teague v Zest Electric Motors (Pty) Ltd and Another (34512/2015) [2018] ZAGPJHC 24 (16 February 2018)

Court

South Gauteng High Court, Johannesburg

Case number

34512/2015

Judge

Van der Linde

The court found that the plaintiff's entitlement to a 7.5% share of the pre-tax gross profit of the Trichardt branch was not consensually terminated at the June 2011 meeting. The evidence did not support the defendants' assertion that the profit-share was discontinued, nor was there any written confirmation of such a significant change to the remuneration package. The court held that the employment contract contained a tacit term obliging the employer to account annually to the plaintiff for the branch's pre-tax gross profits and to pay him 7.5% thereof. The fiduciary relationship between emp…

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• Employment Contract
• Profit Sharing
• Tacit Terms
• Fiduciary Duty
• Statement And Debatement Of Account

De Jager and Another v Nguni Grill-Ellisras Partnership and Others (10943/2015)

De Jager and Another v Nguni Grill-Ellisras Partnership and Others (10943/2015) [2016] ZAGPPHC 380 (31 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

10943/2015

Judge

Ranchod

The court found that the partnership was between De Jager and Victor, and that they held the business on an equal basis rather than 30-70.

• Partnership Agreement
• Profit Sharing
• Contractual Consensus
• Silent Partner
• Financial Contribution
• Partnership-law

Mirchandani v Unica Iron And Steel (Pty) Ltd and Another (2846/2011)

Mirchandani v Unica Iron And Steel (Pty) Ltd and Another (2846/2011) [2014] ZAGPPHC 315 (4 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

2846/2011

Judge

Matojane

The court found that the handwritten agreement signed on 28 September 2010 was a completed and binding contract, not a provisional document subject to further formalisation. The conduct of the parties following the agreement, including the Plaintiff vacating his office, transferring responsibilities, and receiving partial payment, demonstrated their intention to be bound by its terms. The court interpreted the word 'net' in the agreement to mean the Plaintiff was to receive the specified amount after tax, allowances, and deductions, rejecting the Defendants' contention that it meant 'cash.' T…

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• Specific Performance
• Contractual Intent
• Interpretation Of Contracts
• Employment Settlement
• Profit Sharing
• Transfer Of Property