South Africa Case Law

Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (081761/2025)

Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (081761/2025) [2025] ZAGPPHC 610 (24 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

081761/2025

Judge

Minnaar

The High Court granted urgent interdictory relief, found no tacit security-services contract, ordered the first respondent to vacate the premises, and awarded costs on scale C.

• Interdict
• Contractual Entitlement
• Urgent Relief
• Tacit Contract
• Security Services
• Costs Scale

Swissport South Africa (Pty) Ltd v Cemair (Pty) Ltd (2023-067763)

Swissport South Africa (Pty) Ltd v Cemair (Pty) Ltd (2023-067763) [2024] ZAGPJHC 1266 (10 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-067763

Judge

L. Windell

The applicant established ownership of the equipment, its continued existence and identifiability, and the respondent's possession at the time of the application. The respondent failed to prove the existence of a tacit lease agreement, as there was no unequivocal conduct or consensus between the parties after the expiry of the written Equipment Lease Agreement. The respondent's claim of a right of retention based on alleged damages and repairs was unsupported by evidence and contradicted by the correspondence and conduct of the parties. The respondent's defence of a tacit agreement was found…

Source excerpt

• Rei Vindicatio
• Lease Agreement
• Tacit Contract
• Right Of Retention
• Contractual Damages

Sunwest International (Proprietary) Limited v Padayachee and Others (963/2024)

Sunwest International (Proprietary) Limited v Padayachee and Others (963/2024) [2024] ZAWCHC 393 (26 November 2024)

Court

Western Cape High Court, Cape Town

Case number

963/2024

Judge

P Andrews

High Court exception upheld against a counterclaim based on a tacit agreement, because the pleaded agreement lacked key particulars and was too vague to answer.

• Exception Procedure
• Tacit Contract
• Pleading Particularity
• Casino Regulation
• Exception-procedure
• Vague-and-embarrassing-pleadings

Jurgen v Crooks N.O (43442/2020)

Jurgen v Crooks N.O (43442/2020) [2024] ZAGPJHC 1027 (9 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

43442/2020

Judge

Manamela

The High Court dismissed an exception to amended particulars of claim arising from an alleged art sale, holding the plaintiff had pleaded a workable cause of action.

• Exception To Pleading
• Contract Sale Of Goods
• Unjust Enrichment
• Pleading Requirements
• Tacit Contract
• Quantum Of Damages

Algoalex (Pty) Ltd t/a Depot Gonubie v Gower and Others (1251/2023)

Algoalex (Pty) Ltd t/a Depot Gonubie v Gower and Others (1251/2023) [2024] ZAECELLC 15 (7 May 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

1251/2023

Judge

Noncembu

The court found that the applicant had established, on a balance of probabilities, that the first respondent remained employed by the applicant throughout the relevant period, as evidenced by payslips, continued salary payments, and the signed employment contract. The respondent’s version regarding the contract was inconsistent and untenable. No evidence was presented to support the existence of a tacit contract between the first respondent and the third respondent. The restraint of trade agreement was valid and enforceable, as it applied to all employees regardless of position. The responden…

Source excerpt

• Restraint Of Trade
• Employment Contract
• Joinder Of Parties
• Tacit Contract
• Lifting Of Corporate Veil

Amandlagcf Construction CC v Tresso Developments (Pty) Ltd and Others (11087/2022)

Amandlagcf Construction CC v Tresso Developments (Pty) Ltd and Others (11087/2022) [2023] ZAWCHC 209 (17 August 2023)

Court

Western Cape High Court, Cape Town

Case number

11087/2022

Judge

K Hofmeyr

Referral to oral evidence refused where the applicant failed to plead a factual basis for a written, tacit, or ratified contract with Tresso.

• Referral To Oral Evidence
• Tacit Contract
• Ratification
• Unjust Enrichment
• Attorney Client Costs
• Referral-to-oral-evidence

Leano Construction Solutions (Pty) Ltd v PGJ Properties (Pty) Ltd (435/2019)

Leano Construction Solutions (Pty) Ltd v PGJ Properties (Pty) Ltd (435/2019) [2023] ZAFSHC 280 (19 July 2023)

Court

Free State High Court, Bloemfontein

Case number

435/2019

Judge

Loubser

The court found, on a balance of probabilities, that an oral agreement was concluded between the plaintiff and the defendant on 29 November 2017 for a loan of R500,000.00, repayable on demand. The evidence showed that the plaintiff transferred the funds to the defendant, and the defendant distributed the money to various entities, indicating acceptance and use of the funds. Even if no express oral agreement was reached, the conduct of the parties established a tacit contract, as the defendant did not reject the payment and made use of the funds. The defendant's reliance on the minutes of the…

Source excerpt

• Oral Contract
• Loan Agreement
• Tacit Contract
• Repayment On Demand

L.M v D.J.S

L.M v D.J.S [2023] ZAGPPHC 107; 59537/2021 (8 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

59537/2021

Judge

SC Vivian

The court found that the evidence established binding agreements between the parties regarding maintenance and the use of the motor vehicle. The provision of the motor vehicle was not a donation but formed part of the Respondent's maintenance obligations for the minor child. The Respondent tacitly accepted the Applicant's requests for increased maintenance, as evidenced by his conduct and payments. The Respondent's subsequent unilateral reduction of payments and attempt to deduct the vehicle instalment from maintenance were impermissible. The disputes of fact raised by the Respondent were not…

Source excerpt

• Maintenance Agreement
• Child Contact Rights
• Tacit Contract
• Executory Donation
• Variation Of Agreement

Nketoane Local Municipality v Rudnat Projects CC and Others (2870/2013)

Nketoane Local Municipality v Rudnat Projects CC and Others (2870/2013) [2022] ZAFSHC 93 (9 May 2022)

Court

Free State High Court, Bloemfontein

Case number

2870/2013

Judge

Naidoo

The court found that Rudnat had proven, on a balance of probabilities, that Nketoane's conduct was unequivocally consistent with consensus to contract for services, thereby establishing a tacit agreement. The absence of a written contract or letter of appointment did not preclude liability, as Nketoane continued to engage with and accept services from Rudnat, and made payments after the IRR was accepted. The court applied the correct legal test for tacit contracts as set out in Buffalo City Municipality and Butters v Mncora. Regarding leave to appeal, the court held that the threshold under s…

Source excerpt

• Tacit Contract
• Leave To Appeal
• Implementation Readiness Report
• Onus Of Proof
• Quantum Of Claim

Bosbok Ontgenning CC v York Timbers (Pty) Ltd (2239/2017)

Bosbok Ontgenning CC v York Timbers (Pty) Ltd (2239/2017) [2022] ZAMPMBHC 2 (17 January 2022)

Court

Mbombela High Court, Mpumalanga

Case number

2239/2017

Judge

Mashile

The High Court granted absolution from the instance in a dispute over alleged post-expiry rates, finding Bosbok failed to prove a tacit agreement with York Timbers.

• Absolution From The Instance
• Tacit Contract
• Non Variation Clause
• Termination Notice
• Prima Facie Case
• Absolution-from-the-instance