South Africa Case Law

Universal Transport and Allied Workers Union v Tlhomphanang Business Enterprises t/a TNG Security Services (2024-044666)

Universal Transport and Allied Workers Union v Tlhomphanang Business Enterprises t/a TNG Security Services (2024-044666) [2025] ZAGPPHC 768 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-044666

Judge

J Vorster

The High Court upheld an exception in part, finding the plaintiff had not pleaded the specific statutory non-compliance said to make a labour agreement void.

• Agency Shop Agreement
• Closed Shop Agreement
• Pleading Vagueness
• Undue Enrichment
• Condictio Indebiti
• Vague-and-embarrassing

Makhabo v Viljoen and Others (2022/059140)

Makhabo v Viljoen and Others (2022/059140) [2025] ZAGPPHC 688 (9 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022/059140

Judge

MPD Chabedi

The court granted summary judgment for R500,000 after finding no bona fide defence to misrepresentation and undue enrichment arising from an uncompleted franchise deal.

• Summary Judgment
• Misrepresentation
• Undue Enrichment
• Franchise Agreement
• Liquidated Claim
• Summary-judgment

Wilson v Du Toit Smuts and Partners Attorneys and Others (3985/2021)

Wilson v Du Toit Smuts and Partners Attorneys and Others (3985/2021) [2024] ZAMPMBHC 57 (27 August 2024)

Court

Mbombela High Court, Mpumalanga

Case number

3985/2021

Judge

TV Ratshibvumo

The High Court held that a buyer’s claim to recover a deposit held in trust had not prescribed while the funds remained in the attorney’s trust account.

• Prescription Act
• Trust Account Liability
• Undue Enrichment
• Deposit Refund
• Material Non Disclosure
• Conflict Of Interest

Van Der Merwe and Another v Basson and Others (2019/39063)

Van Der Merwe and Another v Basson and Others (2019/39063) [2024] ZAGPJHC 659 (11 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/39063

Judge

Moshoana

The court held that section 19 of the Matrimonial Property Act only permits recovery of delictual damages from the joint estate during the subsistence of a marriage in community of property. Once the marriage ends, whether by death or divorce, the joint estate ceases to exist and cannot be revived for the purpose of satisfying claims. The claim of the trustees does not lie against the joint estate or the widow, but should have been lodged against the deceased estate in terms of the Administration of Estates Act. The court found that the trustees' interpretation of section 19 was misguided, an…

Source excerpt

• Matrimonial Property Act
• Liability For Delicts
• Joint Estate Dissolution
• Undue Enrichment
• Administration Of Estates

VBS Financial Services (Pty) Ltd v Madhandzi (36120/21)

VBS Financial Services (Pty) Ltd v Madhandzi (36120/21) [2023] ZAGPJHC 1000 (7 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

36120/21

Judge

B.P. Manyathi

The High Court dismissed an exception to a particulars of claim alleging unauthorised payments by a company director and breach of fiduciary duty.

• Fiduciary Duty Of Directors
• Undue Enrichment
• Companies Act 71 Of 2008
• Pleading Requirements
• Rule 18 Uniform Rules
• Exception

Nedbank Ltd v Forbes (2020/41706)

Nedbank Ltd v Forbes (2020/41706) [2022] ZAGPJHC 364 (30 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/41706

Judge

Baloyi

The High Court granted summary judgment for Nedbank against a former employee for repayment of mistaken overpayments, plus interest and party-and-party costs.

• Summary Judgment
• Undue Enrichment
• Contractual Obligation
• Prescription Act
• Fiduciary Duty
• Interest On Liquidated Amount

D[....] v B[....] and Others (23664/2017)

D[....] v B[....] and Others (23664/2017) [2021] ZAGPPHC 212 (30 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

23664/2017

Judge

M J Teffo

The court found that the plaintiff and first defendant were in a relationship akin to husband and wife, and that the plaintiff made substantial financial and labour contributions to the businesses and assets managed by the first defendant. The evidence established that both parties intended to build and accumulate assets for their joint benefit, and that the plaintiff was not merely an employee but a partner in a universal partnership. The court accepted that the partnership was tacitly formed through conduct and mutual intention, and that the assets and businesses operated by the first defen…

Source excerpt

• Universal Partnership
• Cohabitation
• Division Of Assets
• Undue Enrichment
• Liquidation Of Partnership
• Trust Litigation

Molefe and Another v Schmidt (27376/2017)

Molefe and Another v Schmidt (27376/2017) [2019] ZAGPPHC 22 (7 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

27376/2017

Judge

Molefe

The High Court upheld an exception to particulars of claim, finding the pleadings vague and embarrassing and striking them out with leave to amend.

• Exception To Pleadings
• Vague And Embarrassing
• Cause Of Action
• Rule 18 Uniform Rules
• Undue Enrichment
• Exception-to-pleadings

Bowman Gilfillan Inc v Minister of Transport (15806/2016)

Bowman Gilfillan Inc v Minister of Transport (15806/2016) [2018] ZAGPPHC 474 (24 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

15806/2016

Judge

Mokoena

The High Court dismissed Bowman Gilfillan Inc’s leave to appeal against an exception ruling, finding no final appealable order and no reasonable prospects of success.

• Exception Procedure
• Declaratory Relief
• Cause Of Action
• Vagueness And Embarrassment
• Undue Enrichment
• Leave-to-appeal

Sentrachem Limited v Terblanche (47159/2011)

Sentrachem Limited v Terblanche (47159/2011) [2015] ZAGPPHC 936 (9 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

47159/2011

Judge

Engelbrecht

High Court action for repayment of an overpaid pension fund surplus failed after the court upheld prescription and dismissed the claim with costs.

• Prescription Act
• Locus Standi
• Undue Enrichment
• Surplus Apportionment
• Pension Fund Claim
• Prescription