South Africa Case Law

Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator and Others (2025/072038)

Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator and Others (2025/072038) [2025] ZAGPJHC 661 (30 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/072038

Judge

DJ Smit

The court ordered release of a refining licence to Northbound, found a prima facie right to interim relief, struck a counter-application for lack of urgency, and referred false citations to the LPC.

• Mandamus
• Precious Metals Act
• Sale Of Business
• Interim Interdict
• Shareholder Approval
• Oudkraal Doctrine

Bayer v Polkadraai Nursery Proprietary Limited (18728/2024)

Bayer v Polkadraai Nursery Proprietary Limited (18728/2024) [2025] ZAWCHC 232 (2 June 2025)

Court

Western Cape High Court, Cape Town

Case number

18728/2024

Judge

Nuku

The High Court dismissed an urgent interdict application against a proposed business sale, finding that the sale did not threaten the applicant’s shareholding.

• Interdict
• Shareholder Rights
• Sale Of Business
• Irreparable Harm
• Shareholder-rights
• Business-sale

French Riviera Investments (Pty) Ltd v FTX Investments (Pty) Ltd (2024/065062)

French Riviera Investments (Pty) Ltd v FTX Investments (Pty) Ltd (2024/065062) [2025] ZAGPPHC 552 (22 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/065062

Judge

H F Jacobs

The court allowed an amendment to a notice of motion seeking declaratory relief about a sale agreement and postponed the application sine die.

• Declaratory Relief
• Amendment Of Notice Of Motion
• Contract Interpretation
• Sale Of Business
• Tenant Deposits
• Declaratory-relief

California Nails Pretoria East (Pty) Ltd v Adeyemi and Others (126746/2024)

California Nails Pretoria East (Pty) Ltd v Adeyemi and Others (126746/2024) [2024] ZAGPPHC 1219 (27 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

126746/2024

Judge

S M Wentzel

The court found that the first respondent, Adeyemi, had conferred a valid mandate to the second respondent, Tammy Taylor Global Franchising, to sell the business. The mandate was sufficiently established by documentary evidence and the conduct of the parties, including Adeyemi's own demands for payment under the mandate. The sale agreement between the applicant and the mandated agent was valid, and the applicant had paid the agreed purchase price. Adeyemi's forceful retaking of possession constituted unlawful spoliation, and he was not entitled to take the law into his own hands. The applican…

Source excerpt

• Mandate Agency
• Sale Of Business
• Spoliation
• Final Interdict
• Declaratory Relief

Datawallet (Pty) Ltd and Another v Thamani Mobile (Pty) Ltd and Others (2024/090086)

Datawallet (Pty) Ltd and Another v Thamani Mobile (Pty) Ltd and Others (2024/090086) [2024] ZAGPPHC 1215 (25 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/090086

Judge

Labuschagne AJ

The court found that although the order granted by Teffo J was framed as an interim interdict, it was final in effect as it determined the rights to the core clients and the business relationship between the parties. The breakdown in trust and the determinative nature of the order rendered it final for purposes of suspension under section 18(2) of the Superior Courts Act. Consequently, the application for leave to appeal suspended the operation of the order. Regarding the application for interim implementation under section 18(3), the applicants failed to discharge the onus of proving that th…

Source excerpt

• Interim Interdict
• Section 18 Superior Courts Act
• Finality Of Orders
• Irreparable Harm
• Sale Of Business
• Urgent Application

Advanced Office Automation ta Nashua North East v Du Plessis (29566/2016)

Advanced Office Automation ta Nashua North East v Du Plessis (29566/2016) [2024] ZAGPJHC 760 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

29566/2016

Judge

N.J. Graves

The High Court allowed amendment of particulars of claim, including substitution of the plaintiff by cession, and rejected objections based on Rule 15 and alleged prejudice.

• Amendment Of Pleadings
• Party Substitution
• Cession Of Claims
• Withdrawal Of Admissions
• Suretyship
• Sale Of Business

Siyandasabelo Trading (Pty) Ltd v River Meadow Manor Properties (Pty) Ltd (16639/2022)

Siyandasabelo Trading (Pty) Ltd v River Meadow Manor Properties (Pty) Ltd (16639/2022) [2024] ZAGPPHC 549 (13 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

16639/2022

Judge

Cowen

High Court dismissed a rescission application, finding no bona fide defence to a default judgment under a repayment agreement, though condonation for lateness was granted.

• Rescission Of Judgment
• Default Judgment
• Good Cause Requirement
• Repayment Agreement
• Condonation
• Sale Of Business

De Abreu and Another v Pestana Family Meat and Chicken CC and Another (2327/2005)

De Abreu and Another v Pestana Family Meat and Chicken CC and Another (2327/2005) [2024] ZAGPPHC 338 (7 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2327/2005

Judge

Matojane

The High Court held that the plaintiffs proved their claim arising from a failed business sale and ordered repayment, interest, and costs.

• Sale Of Business
• Penalty Clause
• Conventional Penalties Act
• Liquor License Transfer
• Contract Cancellation
• Sale-of-business

Metcash Trading Africa (Pty) Ltd v Wehliye (22/22035)

Metcash Trading Africa (Pty) Ltd v Wehliye (22/22035) [2024] ZAGPJHC 80 (1 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

22/22035

Judge

Goodman

Summary judgment was granted for unpaid purchase price under a sale of business agreement after the defendant failed to disclose a bona fide defence.

• Summary Judgment
• Sale Of Business
• Contractual Capacity
• Locus Standi
• Liquidated Claim
• Summary-judgment

Apple Bite (Pty) Ltd and Another v Applebite Roadhouse (Pty) Ltd and Others (A2023/058069)

Apple Bite (Pty) Ltd and Another v Applebite Roadhouse (Pty) Ltd and Others (A2023/058069) [2024] ZAGPJHC 22 (12 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/058069

Judges

Wright, Sutherland, R Strydom

The court found that the sale of the business as a going concern included the goodwill and the right to use the 'Apple Bite' name and logo, not limited to the original property. The respondents acquired these rights and exercised them at other locations without objection from the appellants. The appellants' subsequent use of the name and logo at the original property and in advertising was a deliberate attempt to piggy-back on the reputation and customer base established by the respondents, constituting passing off and unlawful competition. The suspensive condition in the 2008 sale agreement…

Source excerpt

• Passing Off
• Unlawful Competition
• Goodwill Transfer
• Business Name Rights
• Sale Of Business
• Interdict