Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Chabeli Molatoli Attorneys Incorporated v Pitso and Others [2023] ZAGPPHC 223; 25412/22 (11 April 2023)
The High Court granted leave to appeal and cross-appeal to the Supreme Court of Appeal over whether a mandate of agency was lawfully terminated.
Body Corporate of Brushwood Sectional Title Scheme v Whitfields Property Management (Pty) Ltd (17078/2021) [2022] ZAGPJHC 358 (26 May 2022)
The court held that the applicant was entitled to terminate the management agreement due to the respondent's breach in refusing to execute its mandate to pay a creditor as instructed by the trustees. The trustees were found to have authority to act, as they were duly appointed at the 2019 annual general meeting and their actions remained valid under the prescribed management rules, even if there was a defect in their appointment. The respondent's refusal to accept the cancellation and to deliver the documents was unjustified. The applicant was not required to give notice of termination, and t…
Source excerpt
Liberty Group Limited and Others v Mall Space Management CCt/a Mall Space Management (644/18) [2019] ZASCA 142; 2020 (1) SA 30 (SCA) (1 October 2019)
The Supreme Court of Appeal held that the contract between Liberty Group and Mall Space Management was a mandate terminable at will by the principal under common law, with no obligation to provide notice unless expressly agreed. The court rejected the high court's reliance on Ubuntu and fairness as self-standing bases for imposing a notice period, confirming that such values inform but do not override established contract law principles. The evidence showed Mall Space failed to account properly for rental income and was in arrears, justifying termination. The claim of unlawful competition aga…
Source excerpt
Explore more
