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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 724

Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015)

Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015) [2025] ZAGPJHC 724 (23 July 2025)

The High Court refused leave to appeal, finding no reasonable prospects of success on the alleged disputes about a power of attorney, property value, or damages.

  • Leave To Appeal
  • Special Power Of Attorney
  • Sale Of Property
  • Tacit Terms
  • Damages Quantification
  • Leave-to-appeal
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Civil Procedure [2025] ZANWHC 108

Estabiz (Pty) Ltd v Starflash (Pty) Ltd (Appeal) (CIV APP MG32/24)

Estabiz (Pty) Ltd v Starflash (Pty) Ltd (Appeal) (CIV APP MG32/24) [2025] ZANWHC 108 (26 June 2025)

The High Court upheld an appeal against an exception, holding the pleadings and attached agreement sufficiently disclosed a cause of action.

  • Exception Procedure
  • Contractual Validity
  • Tacit Terms
  • Quasi Mutual Assent
  • Pleading Requirements
  • Civil-procedure
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Civil Procedure [2025] ZAFSHC 76

Idwala Industrial Holdings Proprietary Limited v JB Lime Distributions Proprietary (3369/2024)

Idwala Industrial Holdings Proprietary Limited v JB Lime Distributions Proprietary (3369/2024) [2025] ZAFSHC 76 (11 March 2025)

The High Court refused summary judgment after finding the defendant had raised bona fide defences about product quality, reciprocal obligations, and alleged stock shortages.

  • Summary Judgment
  • Consignment Agreement
  • Acknowledgment Of Debt
  • Reciprocal Obligations
  • Liquidated Claim
  • Tacit Terms
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Alternative Dispute Resolution [2025] ZAGPJHC 71

Fore St Holding (Pty) Ltd and Another v Meyer NO and Others (2023/01338)

Fore St Holding (Pty) Ltd and Another v Meyer NO and Others (2023/01338) [2025] ZAGPJHC 71 (5 February 2025)

High Court review of an arbitration award dismissed. The court held the arbitrator acted within the reference, upheld the award, and ordered punitive costs.

  • Arbitration Act Review
  • Joint Venture Agreement
  • Specific Performance
  • Supervening Impossibility
  • Tacit Terms
  • Punitive Costs
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Labour Law [2024] ZALCCT 44

Ngcaba v Commission for Conciliation, Mediation and Arbitration (C214/2022)

Ngcaba v Commission for Conciliation, Mediation and Arbitration (C214/2022) [2024] ZALCCT 44 (9 October 2024)

The Labour Court held that Ngcaba was entitled to be paid at the 80th percentile of salary level P06. His tacit-term claim failed, but the wage agreement claim succeeded.

  • Remuneration Dispute
  • Collective Bargaining Agreement
  • Tacit Terms
  • Salary Scale Interpretation
  • Employment Contract
  • Costs Award
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Civil Procedure [2024] ZAGPJHC 792

Orpen Brothers Properties 2 (Pty) Ltd v Siemens Healthcare (Pty) Ltd (35613/2021)

Orpen Brothers Properties 2 (Pty) Ltd v Siemens Healthcare (Pty) Ltd (35613/2021) [2024] ZAGPJHC 792 (13 August 2024)

The High Court refused summary judgment in a lease dispute, finding the defendant raised bona fide triable defences about invoice conditions, accrual, and tacit terms.

  • Summary Judgment
  • Lease Agreement
  • Contractual Defences
  • Tacit Terms
  • Municipal Charges
  • Summary-judgment
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Civil Procedure [2024] ZAGPJHC 695

Goldleaf Investments (Pty) Ltd v Orkin (22321/18)

Goldleaf Investments (Pty) Ltd v Orkin (22321/18) [2024] ZAGPJHC 695 (22 July 2024)

Leave to appeal was dismissed in a dispute over a tacit term requiring a fully serviced site, electrical supply delays, and claimed damages.

  • Leave To Appeal Standard
  • Tacit Terms
  • Damages For Delay
  • Best Evidence Rule
  • Leave-to-appeal
  • Tacit-terms
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Commercial And Corporate [2024] ZAGPJHC 580

MCG Express (Pty) Ltd v Owenair (Pty) Ltd (2023/069178)

MCG Express (Pty) Ltd v Owenair (Pty) Ltd (2023/069178) [2024] ZAGPJHC 580 (19 June 2024)

The High Court held that VAT was payable on an aircraft lease and that the respondent’s VAT defence failed. Judgment was granted for payment, interest and costs.

  • Specific Performance
  • Value Added Tax
  • Contractual Terms
  • Tacit Terms
  • Vat Act Compliance
  • Value-added-tax
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Land And Property [2024] ZAGPPHC 241

Gilfillan v Renico Construction (Pty) Ltd (36734/2021)

Gilfillan v Renico Construction (Pty) Ltd (36734/2021) [2024] ZAGPPHC 241 (11 March 2024)

The High Court held that the plaintiff earned an estate-agent commission of R450,000 after introducing the property and securing the sale, with no proved term delaying payment until transfer.

  • Estate Agent Commission
  • Oral Mandate
  • Contractual Liability
  • Tacit Terms
  • Costs Award
  • Effective Cause
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Civil Procedure [2023] ZAFSHC 482

Christo Strydom Nutrition v University of the Free State (A169/2022)

Christo Strydom Nutrition v University of the Free State (A169/2022) [2023] ZAFSHC 482 (12 December 2023)

Appeal against an exception in a contract dispute succeeded. The court held that a pleaded tacit term and rectification defence were not excipiable.

  • Exception Procedure
  • Contract Rectification
  • Tacit Terms
  • Entire Agreement Clause
  • Non Variation Clause
  • Exception-procedure
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.