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South Africa decisions
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MMK Khumalo Trading & Projects (Pty) Ltd v Maopeng Electrical (Pty) Ltd (2021/38362) [2022] ZAGPJHC 978 (6 December 2022)
The High Court granted summary judgment for payment under an oral subcontract, finding the defendant’s denials were bald and no bona fide defence was raised.
Lotter and Others v Sekekete and Others (125/2017) [2020] ZAFSHC 32 (26 February 2020)
Court held the first defendant contracted with the plaintiffs for water delivery and rejected the defendants’ version after weighing conflicting evidence.
Van der Merwe v Hendrik Fielies t/a Komeng Building & Related Services (CA & R 73/2016) [2018] ZANCHC 11 (9 February 2018)
The court found that the appellant failed to discharge the onus of proving the existence of an oral agreement for payment of R75 000.00 per km plus VAT. The evidence showed that the respondent had quoted the department a lower rate and could not have agreed to the higher tariff. The appellant's reliance on the letter from the respondent's attorneys did not assist, as it confirmed that the parties ultimately agreed to a lesser amount. The Magistrate's findings were based on the probabilities and credibility of the witnesses, and there was no material misdirection. The appeal was dismissed as t…
Source excerpt
Alberts N.O. and Others v BMI Building Maintenance Installations CC and Another (49279/2013) [2014] ZAGPPHC 802 (16 October 2014)
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.
Martinair v Airline Cargo Resources (Pty) Ltd and Another (07/26188) [2012] ZAGPJHC 85 (4 May 2012)
The court held the first defendant liable for damage to cargo in transit, finding a binding carriage agreement and rejecting defences based on subcontracting and insurance limits.
Filyat 4 CC t/a Ambient Control CC v Kimgas Refrigeration and Appliance Centre CC (1500/07) [2009] ZANCHC 9 (6 March 2009)
The High Court found a valid contract between the parties, rejected the defendant’s indeterminacy argument, and held that Kimgas CC repudiated the agreement.
Barnard v Swart B.K. (336/92) [1993] ZASCA 189 (30 November 1993)
The court found the appellant personally liable for electrical work, holding that the respondent proved the contract was made with him, not as agent for the owner.
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