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South Africa decisions
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Steytler N.O and Others v Strauss N.O and Others (2076/2020) [2021] ZAFSHC 343 (29 July 2021)
The High Court dismissed an exception to particulars of claim in a dispute over a water-right sale agreement, holding the pleading was clear enough to answer.
Chemical Industries National Provident Fund v Tristar Investments (Pty) Ltd (960/2016) [2017] ZASCA 184 (6 December 2017)
The Supreme Court of Appeal held that the representatives of the Fund had authority to sign the investment consulting agreement, as the Board's practice was to adopt resolutions by consensus and the requisite two-thirds support was achieved. Rule 13.6.8 did not require a formal vote, and the appointment of Tristar was valid. The argument that the agreement was ultra vires the Fund's rules was rejected; rule 13.7.5 allowed the Fund to terminate appointments lawfully but did not invalidate fixed-term contracts. The court found that Tristar was entitled to accrued income for the unexpired period…
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Bridgestone South Africa Commercial (Pty) Ltd v VR Cargo (Pty) Ltd (99026/2015) [2016] ZAGPPHC 1163 (21 December 2016)
Summary judgment was granted for the undisputed capital debt, while the defendant was allowed to defend the trade discount reversal and interest claims.
Maluti-A-Phofung Local Municipality v Rural Maintenance (Pty) Ltd and Another (JA79/2014) [2015] ZALAC 41; (2016) 37 ILJ 128 (LAC); [2016] 1 BLLR 13 (LAC) (21 October 2015)
The Labour Appeal Court held that the municipality did not receive a business as a going concern under section 197 of the LRA, and dismissed the transfer claim.
Land and Agricultural Development Bank of South Africa v Impande Property Investments (Pty) Ltd (35355/10) [2013] ZAGPJHC 398 (9 April 2013)
The court held that a Land Bank loan for township development and engineering fees was ultra vires and void, with the mortgage bond also void.
Government of the Province of the Eastern Cape v Frontier Safaris (Pty) Ltd. (96/96) [1997] ZASCA 84; 1998 (2) SA 19 (SCA); [1997] 4 All SA 500 (A); (29 September 1997)
The court considered whether a lease of national nature reserves unlawfully delegated statutory management powers. The majority held the contract was valid and dismissed the appeal.
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