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South Africa decisions
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Bayafza CC ta BP Kensigton v BP Southern Africa Pty Ltd (00678/2022) [2024] ZAGPJHC 587 (24 June 2024)
The High Court dismissed an application for leave to appeal with costs, holding that the applicant had not shown reasonable prospects of success or any compelling reason to hear the appeal.
Bosbok Ontgenning CC v York Timbers (Pty) Ltd (2239/2017) [2022] ZAMPMBHC 2 (17 January 2022)
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.
City of Johannesburg v Clear Channel Independent ( Pty) Ltd (39798/08) [2010] ZAGPJHC 55 (12 July 2010)
The court held that the two-week notice provision in the contract was intended to allow termination only after a lawful tender award. The context and purpose of the agreement indicated that the parties envisaged termination would occur upon the conclusion of a valid tender process, not at any arbitrary time. The flawed tender process meant that the triggering event for notice had not occurred. The respondent's interpretation was accepted, as the lawfulness of the tender was a necessary condition for the applicant's right to terminate. The application was dismissed because the applicant had no…
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