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South Africa Case Law

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Civil Procedure [2023] ZAECQBHC 48

Zimbabwe Consolidated Diamond Company v Smit Investment Holdings SA (Pty) Ltd t/a Gecko Projects (3105/2022)

Zimbabwe Consolidated Diamond Company v Smit Investment Holdings SA (Pty) Ltd t/a Gecko Projects (3105/2022) [2023] ZAECQBHC 48 (5 September 2023)

Court
Eastern Cape High Court, Gqeberha
Case number
3105/2022
Judge
L Ellis

The High Court upheld exceptions to particulars of claim in an international contract dispute, finding the claim incorrectly framed and insufficiently pleaded.

  • Exception Procedure
  • International Contracts
  • Proper Law Of Contract
  • Unjust Enrichment
  • Condictio Indebiti
  • Vagueness And Embarrassment
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Civil Procedure [2002] ZAWCHC 55

Maschinen Frommer GMBH & co kg v Trisave Engineering & Machinery Supplies (PTY) limited (415/02)

Maschinen Frommer GMBH & co kg v Trisave Engineering & Machinery Supplies (PTY) limited (415/02) [2002] ZAWCHC 55; [2003] 1 All SA 453 (C); 2003 (6) SA 69 (C) (10 October 2002)

Court
Western Cape High Court, Cape Town
Case number
415/02
Judge
Van Reenen

The court refused provisional sentence on a German judgment because the plaintiff failed to prove the German court had jurisdiction, though authentication was not fatal.

  • Enforcement Of Foreign Judgments
  • Submission To Jurisdiction
  • Contractual Terms Inclusion
  • Proper Law Of Contract
  • Enforcement-of-foreign-judgments
  • Submission-to-jurisdiction
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Labour Law [2002] ZALC 57

Kleinhans v Parmalat S.A. (Pty) Ltd (P151/01)

Kleinhans v Parmalat S.A. (Pty) Ltd (P151/01) [2002] ZALC 57; [2002] 9 BLLR 879 (LC); (2002) 23 ILJ 1418 (LC) (27 June 2002)

Court
Labour Court
Case number
P151/01
Judge
Pillay D

The Labour Court held that Parmalat S.A. was the applicant’s employer, that South African law and jurisdiction applied, and that conciliation was not required.

  • Jurisdiction Of Labour Court
  • Breach Of Employment Contract
  • International Contracts
  • Secondment
  • Proper Law Of Contract
  • Labour-court-jurisdiction
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.