South Africa Case Law

Emvest Agricultural Corporation (Mauritius) Ltd v Emvest Evergreen (Pty) Ltd (43756/2016, 43734/2016, 43755/2016, 43757/2016)

Emvest Agricultural Corporation (Mauritius) Ltd v Emvest Evergreen (Pty) Ltd (43756/2016, 43734/2016, 43755/2016, 43757/2016) [2022] ZAGPPHC 350 (24 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

43756/2016, 43734/2016, 43755/2016, 43757/2016

Judge

Nyathi

The High Court confirmed final winding-up orders against four companies after finding the applicant had locus standi and the debts were not genuinely disputed.

• Winding Up Of Companies
• Commercial Insolvency
• Locus Standi
• Just And Equitable Ground
• Service Level Agreements
• Winding-up-of-companies

Road Accident Fund and Others v Mabunda and Others (15876/2020; 17518/2020; 18239/2020)

Road Accident Fund and Others v Mabunda and Others (15876/2020; 17518/2020; 18239/2020) [2020] ZAGPPHC 386; [2021] 1 All SA 255 (GP) (18 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

15876/2020; 17518/2020; 18239/2020

Judges

N Kollapen, I Opperman, C Swanepoel

The High Court upheld an appeal against execution pending appeal under section 18(3), finding no exceptional circumstances and no sufficient basis to enforce the order.

• Section 18 Execution Pending Appeal
• Service Level Agreements
• Public Procurement Irregularity
• Principle Of Legality
• Attorney Client Relationship
• Constitutional Review

Real Global Business-Solutions v State Information Technology Agency (32647/2017)

Real Global Business-Solutions v State Information Technology Agency (32647/2017) [2020] ZAGPPHC 55 (10 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

32647/2017

Judge

Kollapen

The court found that the plaintiff's claims for payment under the service level agreements became due 30 days after the submission of invoices and supporting documents, which occurred between 2009 and January 2013. The evidence did not support the plaintiff's assertion that the debt only became due after resubmission of documents in June 2014. The defendant's requests for additional or legible documents did not interrupt prescription, as the plaintiff had already complied with its obligations under the agreements. Consequently, the claims prescribed before summons was issued in May 2017, and…

Source excerpt

• Prescription Act
• Service Level Agreements
• Contractual Debt
• Running Of Prescription

Steve's Wrought Iron Works and Others v Nelson Mandela Metropolitan Municipality (441/2019)

Steve's Wrought Iron Works and Others v Nelson Mandela Metropolitan Municipality (441/2019) [2019] ZAECPEHC 78; 2020 (3) SA 535 (ECP) (21 November 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

441/2019

Judge

G.G Goosen

The court found that the plaintiffs' particulars of claim were vague and embarrassing, particularly in relation to the terms and parties to the alleged agreements, the basis for the claimed damages, and the citation of the sixth plaintiff. The annexed agreements contradicted the pleaded 'norm' of regular services and did not support the expectation of R1 million per annum per plaintiff. The procedural objections raised by the plaintiffs were without merit, as the exception was filed within the permitted period and did not require compliance with Rule 6. The defendant was prejudiced by the lac…

Source excerpt

• Exception Procedure
• Vague And Embarrassing Pleading
• Breach Of Contract
• Leave To Amend
• Service Level Agreements

Mister Bread (Pty) Ltd v Member of the Executive Council for the Department of Education (102/2010)

Mister Bread (Pty) Ltd v Member of the Executive Council for the Department of Education (102/2010) [2017] ZAECBHC 21 (20 November 2017)

Court

Eastern Cape High Court, Bhisho

Case number

102/2010

Judge

Hartle

The court held that the parties had agreed in principle to a referee under section 38, but the appointment was premature until its terms were finalised.

• Appointment Of Referee
• Discovery Of Documents
• Quantum Of Claim
• Service Level Agreements
• Cession Of Claims
• Appointment-of-referee