South Africa Case Law

W.M.T v M[...].T[...] .9[...] (Pty) Ltd and Others (D6021/2023)

W.M.T v M[...].T[...] .9[...] (Pty) Ltd and Others (D6021/2023) [2025] ZAKZDHC 19 (7 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D6021/2023

Judge

Mossop

The court found that there is a real and bona fide dispute of fact regarding whether an oral agreement was concluded between the applicant and the third respondent, and if so, on what terms. The correspondence and affidavits submitted by both parties reveal ongoing negotiations and conflicting interpretations, with no clear consensus. The existence of two emails from the third respondent could have led the applicant to believe an agreement was reached, but subsequent communications indicate otherwise. Given the limited scope of the issues and the interests of justice, the court determined tha…

Source excerpt

• Dispute Of Fact
• Oral Agreement
• Motion Vs Action
• Uniform Rule 6 5 G
• Company Director Remuneration

Legal Practice Council (KwaZulu-Natal Provincial Office) v Rajkoomar and Another (5603/19P)

Legal Practice Council (KwaZulu-Natal Provincial Office) v Rajkoomar and Another (5603/19P) [2023] ZAKZPHC 60 (9 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5603/19P

Judges

Gounden, E Bezuidenhout

High Court disciplinary matter against an attorney referred to oral evidence on disputed trust-account and accounting issues; costs reserved.

• Legal Practitioners Discipline
• Fit And Proper Person Test
• Trust Account Management
• Uniform Rule 6 5 G
• Legal Practice Act Compliance
• Legal-practitioners-discipline

Repas v Repas (A151/2022)

Repas v Repas (A151/2022) [2023] ZAWCHC 24 (13 February 2023)

Court

Western Cape High Court, Cape Town

Case number

A151/2022

Judges

Binns-Ward, Samela, Francis

Appeal allowed after the court found a bona fide dispute of fact over an alleged partnership and held the refusal to hear oral evidence was a misdirection.

• Dispute Of Fact
• Motion Proceedings
• Referral To Oral Evidence
• Uniform Rule 6 5 G
• Judicial Discretion
• Dispute-of-fact

Stratlaw (Pty) Ltd v Van Hoven N.O and Another (2809/2021)

Stratlaw (Pty) Ltd v Van Hoven N.O and Another (2809/2021) [2023] ZAGPPHC 44 (1 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

2809/2021

Judge

CP Wesley

The High Court referred a disputed oral-contract claim to oral evidence under Rule 6(5)(g) after finding a genuine material dispute of fact on the papers.

• Oral Contract
• Dispute Of Fact
• Uniform Rule 6 5 G
• Condonation Of Affidavit
• Oral-contract
• Dispute-of-fact