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South Africa decisions
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Ziggy Investments CC v Driverite 123 (Pty) Ltd and Others (2025/066426) [2025] ZAGPJHC 480 (19 May 2025)
The High Court struck an urgent application to preserve a BMW X3, finding Ziggy Investments had not shown sufficient urgency or irreparable harm.
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.
Giza Technologies (Pty) Ltd v De Buys (896/2017) [2025] ZAECMKHC 14 (18 February 2025)
The court found a material breach in the sale of Damara Springbuck, awarded the plaintiff damages on claim one, and dismissed claim two for lack of jurisdiction.
Janse Van Rensburg v Joubert and Another (Leave to Appeal) (593/2023P) [2024] ZAKZPHC 113 (28 November 2024)
The High Court dismissed an application for leave to appeal against summary judgment, holding that the contract did not require Biochar production at a specified purity.
Atlas Truck Centre (Pty) Ltd v Gio Logistics (Pty) Ltd (2024/006294) [2024] ZAGPJHC 1193 (20 November 2024)
The High Court held that a voetstoots clause did not exclude the implied warranty against eviction. Atlas recovered the trailer purchase price, interest, and costs.
Castcrete (Pty) Limited v Assasi Bhams Investments (Pty) Ltd (CIV APP FB 02/2024) [2024] ZANWHC 261 (18 October 2024)
The High Court dismissed an appeal over a disputed goods-debt claim, holding that the plaintiff bore the onus and failed to prove its case on a balance of probabilities.
Bowas v Mohammed (A53/2024) [2024] ZAWCHC 316 (15 October 2024)
The High Court dismissed an appeal over a disputed second sale agreement, holding the appellant failed to prove ownership and entitlement to payment for movable assets.
Hyundai Automotive South Africa (Pty) Limited v Super Group Dealerships (Pty) Ltd ta Chatz (2023/034424) [2024] ZAGPJHC 1217 (11 October 2024)
The court found that the applicant did not receive the full purchase price for the vehicle, as Kelmovitz paid only R270,000.00 of the R275,000.00 agreed price. Accordingly, ownership did not pass from the applicant to Kelmovitz, and thus could not have passed to the respondent. The court rejected the respondent's estoppel defence, finding no negligent representation by the applicant that Myburgh was authorised to dispose of the vehicle outside proper procedures. The respondent's reliance on Myburgh's position was not reasonable in the circumstances, given the incomplete payment and irregulari…
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Mogorosi v Motor World CC t/a Spectacular Auto (NW13/2023) [2024] ZACONAF 7 (24 July 2024)
The court dismissed the buyer’s claim over a used Ford Ranger, finding he failed to prove the seller breached its duty to remedy defects after delivery.
Park Motors Welkom (Pty) Limited v Montana General Trading 196 CC (2376/2021) [2024] ZAFSHC 102 (4 April 2024)
The court held the defendant liable under the implied warranty against eviction after a stolen Isuzu was seized by police, and ordered repayment of R516,779.
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