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South Africa decisions
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Estabiz (Pty) Ltd v Starflash (Pty) Ltd (Appeal) (CIV APP MG32/24) [2025] ZANWHC 108 (26 June 2025)
The High Court upheld an appeal against an exception, holding the pleadings and attached agreement sufficiently disclosed a cause of action.
Siyamanga v Balcony Shisa and Chill (18284/2022) [2025] ZAGPJHC 67 (27 January 2025)
The court found that the disclaimer notice was prominently displayed at the entrance to the defendant's premises, with clear and unambiguous terms exempting the defendant from liability for any injury, including those arising from negligence. The defendant proved, on a balance of probabilities, that reasonable steps were taken to bring the notice to the attention of patrons, including the plaintiff. Although the plaintiff denied seeing the notice on the date of the incident, she admitted seeing it upon her return and understood its meaning. The court applied the doctrine of quasi-mutual assen…
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University of Zululand v Dlongolo (DA23/2023) [2025] ZALAC 1; [2025] 5 BLLR 503 (LAC); (2025) 46 ILJ 1146 (LAC) (21 January 2025)
The Labour Appeal Court held there was no consensus on an early-retirement pension arrangement because the employee should have queried an obvious drafting mistake.
Swedish Credit Export Agency v Sacks Packaging (Pty) Ltd (D1850/2024) [2024] ZAKZDHC 91 (5 December 2024)
The High Court made ICC arbitration awards an order of court and enforced payment, rejecting a challenge to the existence of the arbitration agreement.
Soul Africa Group (Pty) Ltd and Another v Venter Food (Pty) Ltd (CIV APP MG04.23) [2024] ZANWHC 264 (24 October 2024)
The High Court held that a binding compromise agreement had been concluded despite no signed settlement document, and dismissed the appeal with costs.
Ram Transport (South Africa) Proprietary Limited t/a Ram Hand-to-Hand Couriers v DHL Supply Chain (South Africa) Proprietary Limited (20232/2020) [2024] ZAGPJHC 381 (17 April 2024)
Leave to appeal was granted in a contract dispute over whether a letter of intent created a two-year exclusive arrangement terminable only for cause.
Sibanye Stillwater Limited v Dovetail Properties (Pty) Limited (00127-2021) [2024] ZAGPJHC 226 (6 March 2024)
The High Court dismissed Sibanye’s special pleas of res judicata, prescription, and no cognisable quasi-mutual assent claim, and awarded costs to Dovetail.
Sibanye Stillwater Limited v Dovetail Properties (Pty) Limited (00127/2021) [2024] ZAGPJHC 197 (6 February 2024)
The High Court dismissed Sibanye’s special pleas of res judicata, prescription, and lack of cognisable quasi-mutual assent, and awarded costs to Dovetail.
Dlongolo v University of Zululand (D306/19) [2023] ZALCD 9 (1 June 2023)
The Labour Court held that the university made a binding offer to compensate the applicant for early-retirement penalties and ordered payment, interest, and costs.
Shabros Property Investment (Pty) Ltd v Mobile Telephone Networks (Pty) Ltd (2507/2013) [2023] ZAWCHC 118 (23 May 2023)
The High Court found that the parties concluded a binding parking lease renewal and that the defendant repudiated it, making it liable for arrears and damages.
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