South Africa Case Law

M and H Lowveld (Pty) Ltd t/a Pumbaa Wildlife Park v Eventieria Wildlife Park (Pty) Ltd and Another (985/202)

M and H Lowveld (Pty) Ltd t/a Pumbaa Wildlife Park v Eventieria Wildlife Park (Pty) Ltd and Another (985/202) [2022] ZALMPPHC 54 (25 October 2022)

Court

Limpopo High Court, Polokwane

Case number

985/202

Judge

Kganyago

The application is dismissed because the applicant sought relief through motion proceedings despite clear and material factual disputes regarding the existence and terms of the alleged sale agreement. The applicant failed to provide sufficient documentary proof and relied on a partly oral and written agreement, which was disputed by the respondents. Furthermore, the applicant did not follow the statutory procedure under the Administration of Estates Act by formally lodging its claim with the executor before approaching the court. The court held that the applicant's attempt to circumvent the e…

Source excerpt

• Ownership Dispute
• Motion Proceedings
• Administration Of Estates Act
• Proof Of Contract
• Premature Litigation

Supplier told consumer furniture was a gift: proof of signed agreement (2013517356)

Supplier told consumer furniture was a gift: proof of signed agreement (2013517356) [2013] ZACGSO 8 (2 December 2013)

Court

Consumer Goods and Services Ombud

Case number

2013517356

Judge

Bonita Hughes

The Ombud held that a signed purchase agreement and payment records showed the furniture was sold, not gifted, and dismissed the consumer’s complaint.

• Consumer Credit Agreement
• Proof Of Contract
• Misrepresentation
• Refund Policy
• Consumer-credit-agreement
• Proof-of-contract

Klopper v Schreuder (499/05)

Klopper v Schreuder (499/05) [2006] ZASCA 100; [2006] SCA 99 (RSA) (12 September 2006)

Court

Supreme Court of Appeal

Case number

499/05

Judges

Conradie, Cloete, Mlambo

The Supreme Court of Appeal dismissed an advocate’s fee claim after finding she failed to prove an agreement for payment if her client lost or if no costs order was made.

• Contingency Fee Agreements
• Advocate Fee Disputes
• Proof Of Contract
• Employment Dismissal
• Advocate-fee-disputes
• Contingency-fee-agreements