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South Africa decisions
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Roka Media (Pty) Ltd v Kunene Makopo Risk Solutions (Pty) Ltd (55741/21) [2024] ZAGPJHC 1247 (5 December 2024)
High Court contract dispute over app development services: Claim A succeeded for unpaid SLA amounts, but the alleged oral addendum failed.
Atlantis Property Holdings CC v Atlantis Excel Service Station CC (40742/2017) [2018] ZAGPJHC 120 (4 May 2018)
The court found that clause 22 of the lease agreement does not permit termination by either party on 30 days' notice during the initial or renewal periods. The proper interpretation, considering the context and commercial purpose of the lease, is that the clause applies only after the initial and renewal periods have expired and an option to renew has been exercised and accepted. Allowing termination at any time would render the detailed commercial terms meaningless and create uncertainty, which is contrary to public policy and commercial reasonableness. The applicant's purported cancellation…
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