South Africa Case Law

Annandale v Meintjies and Meintjies Rekenmeesters and Another CC

Annandale v Meintjies and Meintjies Rekenmeesters and Another CC [2023] ZAGPPHC 134; A177/2020 (28 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

A177/2020

Judges

Neukircher, Sardiwalla, Malungana

The majority found that the trial court correctly accepted the respondent's version and rejected the appellant's account. The evidence and probabilities supported the conclusion that the appellant was engaged as a sub-contractor, entitled to one third of nett profits, and not as a purchaser or successor of the respondent's business or client base. The appellant's version was found to be improbable, unsupported by documentary evidence, and contradicted by the conduct of the parties and correspondence. The trial court's credibility findings were upheld, and the appeal was dismissed with costs.…

Source excerpt

• Oral Agreement
• Statement And Debatement Of Account
• Profit Sharing
• Sub Contracting
• Credibility Assessment
• Termination Of Agreement

Alberts N.O. and Others v BMI Building Maintenance Installations CC and Another (49279/2013)

Alberts N.O. and Others v BMI Building Maintenance Installations CC and Another (49279/2013) [2014] ZAGPPHC 802 (16 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

49279/2013

Judge

A.M.L. Phatudi

Interpleader over R259,295 for air-conditioning work: the court held the payment belonged to TIC’s insolvent estate, not BMI, and awarded costs against BMI.

• Interpleader Proceedings
• Sub Contracting
• Insolvency Distribution
• Rule 58 Uniform Rules
• Payment Certificates
• Interpleader-proceedings

MEC: Department of Police, Roads and Transport, Free State Provincial Government v Terra Graphics (Pty) Ltd t/a Terra Works and Another, In re: Terra Graphics (Pty) Ltd t/a Terra Works and Another v MEC: Department of Police, Roads and Transport, Free State Provincial Government and Another (3489/2012)

MEC: Department of Police, Roads and Transport, Free State Provincial Government v Terra Graphics (Pty) Ltd t/a Terra Works and Another, In re: Terra Graphics (Pty) Ltd t/a Terra Works and Another v MEC: Department of Police, Roads and Transport, Free State Provincial Government and Another (3489/2012) [2013] ZAFSHC 81 (23 May 2013)

Court

Free State High Court, Bloemfontein

Case number

3489/2012

Judge

J.P. Daffue

The High Court granted leave to appeal in a dispute over privity of contract, procurement legality, and the validity of a sub-consultancy agreement.

• Privity Of Contract
• Public Procurement
• Statutory Compliance
• Sub Contracting
• Invalidity Of Contract
• Public Finance Management Act