South Africa Case Law

Stephane Trading Import (Pty) Limited v Manica South Africa (Pty) Limited and Anothe (44594/2020)

Stephane Trading Import (Pty) Limited v Manica South Africa (Pty) Limited and Anothe (44594/2020) [2021] ZAGPJHC 14 (19 January 2021)

Court

South Gauteng High Court, Johannesburg

Case number

44594/2020

Judge

L R Adams

The applicant failed to disclose material facts and abused the ex parte urgent procedure. The contractual relationship between the parties was governed by Standard Trading Conditions that expressly permitted the first respondent to sell the goods by private treaty after giving notice, in the event of default. The applicant admitted its indebtedness and default, and the first respondent exercised its contractual rights lawfully. The applicant was not entitled to an interdict, and the ex parte order was set aside on the merits. Costs were awarded against the applicant in line with the general r…

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• Urgent Interdict
• Ex Parte Orders
• Standard Trading Conditions
• Parate Executie
• Contractual Lien

Uti South Africa (Proprietary) Limited v Triple Option Trading 29 CC (20157/2014)

Uti South Africa (Proprietary) Limited v Triple Option Trading 29 CC (20157/2014) [2015] ZASCA 101 (3 June 2015)

Court

Supreme Court of Appeal

Case number

20157/2014

Judges

Maya, Shongwe, Leach, Zondi, Gorven

The Supreme Court of Appeal held that an amendment did not introduce a new prescribed claim and that the magistrates’ court had jurisdiction.

• Extinctive Prescription
• Amendment Of Pleadings
• Jurisdiction Of Magistrates Court
• Standard Trading Conditions
• Extinctive-prescription
• Amendment-of-pleadings

Clearfreight (Pty)Ltd v Pitech Sales CC (186/12)

Clearfreight (Pty)Ltd v Pitech Sales CC (186/12) [2013] ZASCA 181 (29 November 2013)

Court

Supreme Court of Appeal

Case number

186/12

Judges

Mthiyane, Maya, Leach, Saldulker, Meyer

The Supreme Court of Appeal held that Pictech failed to prove under-receipting or loss of copper tubing stored by Clearfreight, and its counterclaim failed.

• Contract Of Deposit
• Burden Of Proof
• Warehouse Liability
• Counterclaim
• Standard Trading Conditions
• Contract-of-deposit

Mediterranean Textiles Mills (Pty) Ltd v Marburg Manufacturers (Pty) Ltd (3116/2011)

Mediterranean Textiles Mills (Pty) Ltd v Marburg Manufacturers (Pty) Ltd (3116/2011) [2012] ZAKZDHC 36 (8 June 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

3116/2011

Judge

Koen

The court found that the plaintiff's standard conditions of sale, incorporated in the 2004 written agreement, applied to all subsequent transactions, including the sale of the disputed fabric, unless varied in writing by the plaintiff. The defendant's arguments regarding lack of authority, lack of awareness, estoppel, impracticality, and alleged unreasonableness or unconstitutionality of clauses 10.1 and 10.2 were rejected. The defendant was aware or ought to have been aware of the conditions, and the contractual notice and non-processing requirements were not unreasonable or unconstitutional…

Source excerpt

• Contractual Terms
• Standard Trading Conditions
• Estoppel
• Constitutional Fairness
• Notice Requirements
• Sale Of Goods