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South Africa decisions
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Balatincz v Coetzer N.O and Others (7634/2023) [2025] ZALMPPHC 132 (7 July 2025)
The High Court held that a written sale agreement for a farm was valid and binding, rejecting the seller’s expiry-date challenge and ordering transfer.
Abedair Aviation Limited and Another v National Airways Corporation Pty Ltd (2022/027413) [2025] ZAGPJHC 643 (26 June 2025)
The court dismissed an application to declare or rescind a default judgment, finding jurisdiction was established and the suretyship was validly signed.
Howe v Platform 45 (Pty) Ltd (13158/2022) [2025] ZAGPJHC 409 (29 April 2025)
The High Court granted a partial Rule 35(7) discovery order in a contract valuation dispute, requiring production of valuation and financial documents but rejecting vague or overbroad requests.
Industrial Corporation of South Africa v MARA Corporation and Others (2023/035089) [2025] ZAGPJHC 412 (3 April 2025)
The High Court refused defendants’ bid to amend a plea to add misrepresentation and rectification defences to a guarantee claim, finding the amendments vague and excipiable.
Optimal Outcomes (Pty) Ltd v Go Canna Africa Ltd and Another (2021/1568) [2025] ZAGPPHC 376 (2 April 2025)
The plaintiff failed to prove that the second defendant made any representation, by word or conduct, that Naude was authorized to act on its behalf. All evidence of authority originated from Naude himself, not from the second defendant. The plaintiff's reliance on Naude's statements and the venue of meetings was insufficient to establish ostensible authority. Furthermore, even if some representation existed, it would not have been reasonable for the plaintiff to assume Naude was authorized to enter into a guarantee agreement outside the ordinary course of the second defendant's business. The…
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Ndamase v First Rand Bank Ltd and Another (Leave to Appeal) (024968/24) [2025] ZAGPPHC 297 (18 March 2025)
The High Court dismissed condonation and leave to appeal, finding no satisfactory explanation for delay and no reasonable prospects of success.
Bagon Investment Holdings (Pty) Ltd v Hadar and Others (2024/059610) [2025] ZAGPPHC 302 (7 March 2025)
The court found that the lease agreement was not validly renewed in terms of clause 5.2. The respondents' email constituted an invitation to negotiate rather than a formal exercise of the renewal option, and did not comply with the procedural requirements, including delivery to the domicilium address. The handwritten amendment to clause 5.1 did not alter the renewal period in clause 5.2, which remained one year and was not amended. The respondents failed to prosecute a counterapplication for rectification and did not provide sufficient evidence of a common intention to renew for three years.…
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Bezuidenhout and Another v Minister of Basic Education and Others (JS2283/2019) [2025] ZALCJHB 63 (17 February 2025)
The Labour Court refused leave to appeal. It held the plaintiffs had not shown reasonable prospects of success on their rectification claim.
Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (1150/2024) [2025] ZALMPPHC 23 (3 February 2025)
The High Court granted rei vindicatio relief, rectified an instalment sale schedule, and ordered return of Caterpillar units after cancellation of the agreement.
Cellsecure Monitoring and Response (Pty) Ltd and Others v South African Securitisation Programme (RF) Limited (A201/2023; 21647/2021) [2025] ZAGPPHC 98 (31 January 2025)
The High Court dismissed an appeal against summary judgment and rectification, holding that the appellants failed to disclose a bona fide defence under Rule 32.
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