South Africa Case Law

L.M v D.J.S

L.M v D.J.S [2023] ZAGPPHC 107; 59537/2021 (8 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

59537/2021

Judge

SC Vivian

The court found that the evidence established binding agreements between the parties regarding maintenance and the use of the motor vehicle. The provision of the motor vehicle was not a donation but formed part of the Respondent's maintenance obligations for the minor child. The Respondent tacitly accepted the Applicant's requests for increased maintenance, as evidenced by his conduct and payments. The Respondent's subsequent unilateral reduction of payments and attempt to deduct the vehicle instalment from maintenance were impermissible. The disputes of fact raised by the Respondent were not…

Source excerpt

• Maintenance Agreement
• Child Contact Rights
• Tacit Contract
• Executory Donation
• Variation Of Agreement

Mtolo v Merrivale Spar (D790/2012, D150/12)

Mtolo v Merrivale Spar (D790/2012, D150/12) [2016] ZALCD 23 (16 November 2016)

Court

Labour Court Durban

Case number

D790/2012, D150/12

Judge

Cele

The Labour Court made a CCMA settlement agreement an order of court after finding the employer failed to reinstate the applicant as agreed.

• Section 158 Application
• Settlement Agreement Enforcement
• Reinstatement
• Variation Of Agreement
• Labour-law
• Ccma-settlement-agreement

Bond v Enspire Aviation (Pty) Ltd (24796/2009)

Bond v Enspire Aviation (Pty) Ltd (24796/2009) [2010] ZAWCHC 65 (3 March 2010)

Court

Western Cape High Court, Cape Town

Case number

24796/2009

Judge

Traverso

The High Court held that a variation agreement did not extinguish the applicant’s delivery obligations under the original reciprocal contract, so locus standi was not proved.

• Winding Up
• Reciprocal Contracts
• Variation Of Agreement
• Locus Standi
• Winding-up
• Reciprocal-contracts