South Africa Case Law

Khanyisela Mineral Traders (Pty) Ltd v EJ Resources (Pty) Ltd (2024/069252)

Khanyisela Mineral Traders (Pty) Ltd v EJ Resources (Pty) Ltd (2024/069252) [2024] ZAGPJHC 754 (12 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/069252

Judge

Bester

The applicant failed to establish a reasonable apprehension of irreparable harm, as any loss suffered from not obtaining coal could be compensated by damages, which are readily quantifiable. The balance of convenience favours the respondent, as granting the interdict would effectively force the respondent to sell coal to the applicant under the contract, potentially pre-empting the final determination of the dispute and causing undue hardship to the respondent. The applicant did not demonstrate the absence of an adequate alternative remedy, as damages are available. Although the applicant est…

Source excerpt

• Interim Interdict
• Specific Performance
• Contract Cancellation
• Right Of First Refusal
• Shifren Clause
• Jurisdiction Challenge

Nedbank Limited v Lococo 3 (Proprietary) Limited (D10954/2023)

Nedbank Limited v Lococo 3 (Proprietary) Limited (D10954/2023) [2024] ZAKZDHC 30 (22 May 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D10954/2023

Judge

Mossop

The High Court dismissed a discovery counter-application in liquidation proceedings, holding that exceptional circumstances under Uniform Rule 35(13) were not shown.

• Discovery In Application Proceedings
• Uniform Rule 35 13
• Liquidation Proceedings
• Exceptional Circumstances
• Shifren Clause
• Discovery-in-application-proceedings

R.P.C v L.G.Y (A5075/2022)

R.P.C v L.G.Y (A5075/2022) [2023] ZAGPJHC 1256 (2 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5075/2022

Judges

Fisher, Yacoob, Mdalana-Mayisela

High Court appeal over maintenance and school-fee obligations in a divorce settlement was dismissed. The court held the agreement was not varied and private school fees remained payable.

• Divorce Settlement Agreement
• Variation Of Contract
• Maintenance Enforcement
• Shifren Clause
• Divorce-settlement-agreement
• Maintenance-enforcement

Smooth Seas Trading II (Pty) Ltd v Lengau Group (Pty) Ltd (34741/19)

Smooth Seas Trading II (Pty) Ltd v Lengau Group (Pty) Ltd (34741/19) [2020] ZAGPPHC 415 (7 July 2020)

Court

North Gauteng High Court, Pretoria

Case number

34741/19

Judge

T.A. Maumela

Summary judgment was refused where the defendant raised a bona fide defence based on disputed facts, the NCA, a coal off-take arrangement, and penalties.

• Summary Judgment
• Acknowledgement Of Debt
• National Credit Act
• Conventional Penalties Act
• Liquidated Damages
• Shifren Clause

John Michael (Pty) Ltd v Bex Hotel (Pty) Ltd (2335/19)

John Michael (Pty) Ltd v Bex Hotel (Pty) Ltd (2335/19) [2019] ZAECPEHC 63 (19 September 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2335/19

Judge

Swanepoel AJ

The court upheld cancellation of a written lease, rejected a simulation defence, and ordered the hotel tenant to vacate the property within seven days.

• Lease Cancellation
• Ejectment
• Parol Evidence Rule
• Shifren Clause
• Material Breach
• Arbitration Clause

Oosthuizen v Metsep SA (Pty) Ltd (14824/2015)

Oosthuizen v Metsep SA (Pty) Ltd (14824/2015) [2016] ZAGPJHC 115 (6 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

14824/2015

Judge

Van der Linde

The High Court held that the applicant had not shown a binding agreement for immediate part-payment of a minimum share-sale price, so the matter was sent to trial.

• Share Sale Agreement
• Purchase Price Determination
• Collateral Contract
• Shifren Clause
• Motion Proceedings
• Costs Order

McPherson v Khanyise Capital (Pty) Ltd and Others (24309/08)

McPherson v Khanyise Capital (Pty) Ltd and Others (24309/08) [2009] ZAGPHC 57 (27 February 2009)

Court

High Courts - Gauteng

Case number

24309/08

Judge

Levenberg

The court held that the equity sale agreement lapsed due to the non-fulfilment of the suspensive condition, specifically the failure to pay the purchase price within the stipulated period. Any purported extension or revival of the agreement was ineffective, as it was not reduced to writing and signed by all parties, as required by the Shifren clause. The court found that there was no genuine dispute regarding the provisions of the agreement and that the arbitration clause did not preclude the court from deciding the matter. The respondents' various defences, including misrepresentation, unjus…

Source excerpt

• Suspensive Condition
• Contract Lapse
• Revival Of Agreement
• Arbitration Clause
• Shifren Clause

Yarram Trading CC t/a Tijuana Spur v Absa Bank Ltd (625/05)

Yarram Trading CC t/a Tijuana Spur v Absa Bank Ltd (625/05) [2006] ZASCA 132; 2007 (2) SA 570 (SCA) (30 November 2006)

Court

Supreme Court of Appeal

Case number

625/05

Judges

Brand, Mpati, Mthiyane, Malan, Theron

The Supreme Court of Appeal held that the trustee had standing to evict, upheld lease cancellation, and dismissed the appeal with attorney-and-client costs.

• Collective Investment Schemes Control Act
• Locus Standi
• Lease Cancellation
• Shifren Clause
• Motion Proceedings
• Attorney And Client Costs