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South Africa decisions
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Voltex (Pty) Limited t/a Atlas Group v Resilient Rock (Pty) Ltd (A5058/2022) [2023] ZAGPJHC 675 (8 June 2023)
The Full Court upheld an appeal against dismissal of a liquidation application and ordered the respondent's final winding up, despite a later provisional order by another creditor.
C v Y (19762/2007) [2022] ZAGPJHC 805 (13 October 2022)
The High Court granted leave to appeal in a maintenance-related dispute, finding reasonable prospects that another court may differ on the agreement’s interpretation and variation.
L L v Z J (1274/2019) [2020] ZAFSHC 8 (30 January 2020)
The High Court dismissed leave to appeal against a contempt finding in a maintenance dispute, holding there were no reasonable prospects of success.
Merchant West Capital Solutions (Pty) Ltd v SAPPI Southern Africa (Pty) Ltd and Others (12395/2017) [2020] ZAGPJHC 50 (17 January 2020)
The High Court held that the invoice cession was unenforceable against Sappi because written consent required by the SLA was not proved.
Nedbank Limited v De Wet du Plessis N.O. and Others (2182/2017) [2017] ZAFSHC 190 (19 October 2017)
The court found that the defendants had disclosed a bona fide defence to the plaintiff's claim for summary judgment. Although the written agreement contained a non-variation clause (Shifren principle), the defendants raised a defence based on a verbal agreement for extension of payment, supported by allegations of unconscionability and public policy. The court accepted that, in appropriate circumstances, the enforcement of a written agreement may be refused if its operation is manifestly unreasonable or contrary to public policy. The defendants' defence was not clearly untenable and raised tr…
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Majiedt N.O. and Others v Valodia (A37/2014) [2015] ZAFSHC 54 (26 February 2015)
The Free State High Court dismissed an appeal over a property sale, holding the sellers had not validly cancelled the deed of sale and that restitution was due.
Sakhiwo Health Solutions (Limpopo) (Pty) Ltd v MEC of Health , Limpopo Provincial Government (908/2013) [2014] ZASCA 206 (28 November 2014)
The Supreme Court of Appeal held that the high court erred by considering only the SDA and ignoring the RFP and bid award, which together formed the contractual matrix. The SDA was auxiliary to the RFP and bid award, which constituted the principal contract. The RFP expressly provided for a five-year maintenance period after commissioning of each project, and the SDA incorporated these terms. The parol evidence rule did not preclude consideration of the RFP, as it was part of the contract. The Shifren principle was not applicable, as the dispute concerned interpretation, not variation. The co…
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Xtraprops 66 (Pty) Ltd v Phiopater Supplies (Pty) Ltd (20228/14) [2014] ZAWCHC 177 (25 November 2014)
The court found that the respondent was in arrears with rental payments and that the lease agreement contained a clear non-variation clause requiring any changes to be in writing and signed by both parties. The alleged oral compromise agreement regarding rental payments constituted a variation of the lease and was unenforceable under the Shifren principle. Arguments based on waiver, public policy, and substituted performance were rejected, as the Supreme Court of Appeal has consistently upheld the inviolability of non-variation clauses in commercial contracts. The urgency of the application w…
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Valodia v Cooper Bezuidenhout Inc and Others (2387/2013) [2013] ZAFSHC 171 (26 September 2013)
The court dismissed respondents’ application for leave to appeal, holding there were no reasonable prospects of success and awarding costs against them.
Steyn and Another v karee kloof Melkery (Pty) Ltd and Another (2009/45448) [2011] ZAGPJHC 228 (30 November 2011)
The court held that the first settlement agreement complied with the entrenched formalities clause, as the signature of one partner bound both plaintiffs. The second settlement agreement, although not signed in manuscript, was a comprehensive compromise of all disputes, including those outside the original sale agreement. Public policy considerations—namely, the need to bring litigation to an end and encourage amicable settlement—justified enforcement of the second settlement despite non-compliance with formalities. The plaintiffs' claim ignored substantial payments and credits received, and…
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