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South Africa decisions
Decisions matching the current search
N.S v N.L.S (EL544/2024) [2025] ZAECELLC 12 (1 July 2025)
The court dismissed an application to compel compliance with a divorce settlement and rejected a contempt claim, finding alternative contractual remedies were not exhausted.
Agvision CC t/a MMA Dealership v Fayers (AR158/2023) [2025] ZAKZPHC 37 (28 March 2025)
High Court appeal over a sold-as-is motor vehicle held that the magistrates’ repair award could not stand; the appeal was upheld and the lower judgment set aside.
Caterpillar Financial Services South Africa (Pty) Ltd v Elephan-te Trading (Pty) Ltd (2023/081166) [2024] ZAGPPHC 1368 (27 December 2024)
High Court rei vindicatio claim granted after finding the applicant could cancel the instalment sale agreement by notice without first obtaining a court order.
Roundtop Trading 37 (Pty) Ltd v Itlhatlhose Trading CC and Another (4305/2017) [2023] ZAFSHC 76 (16 March 2023)
Lease dispute over unpaid rent and electricity interruptions; court rejected reciprocity defence, dismissed the meter-box claim, and partly granted judgment for the landlord.
Bastincept (Pty) Ltd t/a Basti Security Services v JCB Gearvest (Pty) Ltd and Another (20243/2022) [2022] ZAGPPHC 870 (15 November 2022)
High Court granted specific performance after finding a security-services termination unlawful and in breach of contract.
Amanzi For People Trading (Pty) Ltd and Another v Nomano Trading and Others (25/2018) [2021] ZAFSHC 300 (26 November 2021)
The High Court held that the plaintiffs proved performance under a subcontract and could recover payment despite delay, because time was not made of the essence.
Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd and Another (1011/2019) [2020] ZASCA 110; 2021 (5) SA 532 (SCA) (29 September 2020)
The Supreme Court of Appeal held that Murray & Roberts is contractually entitled to disclosure of information relevant to its entitlement to contractual benefits under clause 11.3 of the subcontracts. The court rejected Mitsubishi's arguments that privity and the Variation Agreement excluded such entitlement, finding that the pass-on obligation remains. The court further found that confidentiality obligations under the Main Contract do not preclude disclosure to Murray & Roberts as a subcontractor, and that Eskom did not assert any right to prevent disclosure. The remedy was tailored to requi…
Source excerpt
Hadjigeorgiou and Others v Barak Fund SPC Limited; In Re: Barak Fund SPC Limited v Anchor Africa Holdings (Pty) Ltd and Others (22678/2014) [2020] ZAWCHC 38 (30 April 2020)
The High Court upheld exceptions to a claim under a repo agreement, finding misjoinder, inadequate pleading of contract terms, vague disbursement allegations, and unsupported enrichment pleadings.
Business Partners Limited v Mmadi and Others (19/26939) [2020] ZAGPJHC 22 (10 February 2020)
The High Court granted summary judgment on a surety claim, holding that the loan agreement allowed acceleration after breach and that late payments did not cure default.
McCormack v COMMCO Holdings (Pty) Ltd (JS474/17) [2019] ZALCJHB 145 (29 March 2019)
The Labour Court dismissed a CEO’s claim for a performance bonus, finding he failed to prove the 2016 EBITDA threshold for payment was met.
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