South Africa Case Law

TFM Holdings (Pty) Ltd and Others v Specialised Vehicle Manufacturer (Pty) Ltd and Others (2022/050939)

TFM Holdings (Pty) Ltd and Others v Specialised Vehicle Manufacturer (Pty) Ltd and Others (2022/050939) [2023] ZAGPJHC 391 (28 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/050939

Judge

MA Wesley

The court found that the MOA was not void for vagueness. The language of the MOA, when interpreted in light of the context and purpose, indicated that the parties intended to sell all assets and liabilities necessary for the businesses to operate, except those specifically excluded. The MOA was not a mere agreement to agree in future, but a binding sale agreement. The implementation date, though ambiguously worded, was sufficiently determinable and did not render the contract void. The liquidation of TFM Industries did not extinguish the MOA, as partial performance remained possible and SVM h…

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• Contractual Vagueness
• Sale Of Business
• Repudiation And Cancellation
• Liquidation Effect On Contract
• Interpretation Of Contracts

Datacentrix (Pty) Ltd v O-Line (Pty) Ltd (56269/2016)

Datacentrix (Pty) Ltd v O-Line (Pty) Ltd (56269/2016) [2021] ZAGPPHC 286 (29 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

56269/2016

Judge

E.M Kubushi

The High Court dismissed Datacentrix’s application for leave to appeal, finding no reasonable prospects of success and awarding costs to O-Line.

• Leave To Appeal
• Software Implementation Contract
• Repudiation And Cancellation
• Reasonable Prospects Of Success
• Leave-to-appeal
• Reasonable-prospects-of-success

Henque 1237 CC v Du Plessis NO and Others (2119/2020)

Henque 1237 CC v Du Plessis NO and Others (2119/2020) [2020] ZAFSHC 205 (7 September 2020)

Court

Free State High Court, Bloemfontein

Case number

2119/2020

Judge

Naidoo

The Free State High Court has jurisdiction to grant orders affecting immovable property situated in another province, provided the requirements of section 97 of the Deeds Registries Act are met and proper notice is given to the relevant Registrar of Deeds. The court distinguished the Eilon case, noting that it concerned property outside South Africa and did not apply to the present facts. The resolution authorising the trustee to oppose the application was invalid, as there was no evidence of consultation with the third trustee, nor was the resolution signed by all trustees or properly dated.…

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• Interim Interdict
• Jurisdiction Of High Court
• Trustee Authority
• Agreement Of Sale
• Repudiation And Cancellation

Bolombe 82 Trading and Projects CC v Passenger Agency of South Africa (79684/2019)

Bolombe 82 Trading and Projects CC v Passenger Agency of South Africa (79684/2019) [2019] ZAGPPHC 361 (5 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

79684/2019

Judge

Kilian

High Court held that PRASA had to pay fixed monthly maintenance fees under the contract, even without proof of actual monthly maintenance services rendered.

• Contract Interpretation
• Fixed Price Contracts
• Maintenance Agreements
• Repudiation And Cancellation
• Payment Obligations
• Contract-interpretation

Hula V Code Projects v Eskom Holding Ltd (60884/2012)

Hula V Code Projects v Eskom Holding Ltd (60884/2012) [2013] ZAGPPHC 452 (16 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

60884/2012

Judge

E Swartz

The High Court dismissed an exception to particulars of claim, finding the pleadings disclosed a cause of action and that signature issues were evidentiary.

• Exception To Particulars Of Claim
• Contract Formation
• Quasi Mutual Assent
• Repudiation And Cancellation
• Exception-to-particulars-of-claim
• Contract-formation

Valodia v Cooper Bezuidenhout Inc and Others (2387/2013)

Valodia v Cooper Bezuidenhout Inc and Others (2387/2013) [2013] ZAFSHC 143 (29 August 2013)

Court

Free State High Court, Bloemfontein

Case number

2387/2013

Judge

P.J.T. De Wet

The High Court found the original sale agreement remained binding, held the respondents repudiated it by dealing with another purchaser, and ordered repayment of the deposit with interest.

• Sale Of Immovable Property
• Repudiation And Cancellation
• Restitution Of Deposit
• Nomination Of Purchaser
• Interim Interdict
• Sale-of-immovable-property

UMMI Properties (Pty) Ltd v Cowsta Beleggings (Pty) Ltd and Another (1026/09)

UMMI Properties (Pty) Ltd v Cowsta Beleggings (Pty) Ltd and Another (1026/09) [2009] ZAECPEHC 18 (28 April 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1026/09

Judge

P C Van der Byl

High Court case on whether a landlord could refuse consent to a sublease and cession, and whether a nightclub-type business could lawfully occupy the premises.

• Sublease Consent
• Implied Terms In Contract
• Repudiation And Cancellation
• Joinder Of Parties
• Restoration Of Property
• Costs Order

Lattimore Construction CC v Nile Property Enterprises CC (6639/2002)

Lattimore Construction CC v Nile Property Enterprises CC (6639/2002) [2008] ZAKZHC 97 (17 December 2008)

Court

High Courts - Kwazulu Natal

Case number

6639/2002

Judge

Swain

The court found no agreed R180,000 site-works price, held the defendant repudiated by withholding payment, and awarded the plaintiff R135,053.74 plus interest.

• Building Contract Dispute
• Repudiation And Cancellation
• Quantification Of Claim
• Counter Claims
• Interest A Tempore Mora
• Building-contract-dispute