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South Africa decisions
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Terrapan Masjinerie CC v Turnover Trading 251 (Pty) Ltd and Another (2799/2024) [2024] ZANWHC 149 (24 June 2024)
Urgent application for an interim interdict over mining activities was struck from the roll because the court found no urgency and held redress could come later.
Indian Bay Leaf Restaurant and Take-Away CC v Hussain and Another (2023-087653) [2023] ZAGPPHC 1814 (10 October 2023)
The applicant failed to establish a prima facie right to the interim interdict sought. The documentary evidence and inherent probabilities favoured the respondents' version, casting serious doubt on the applicant's claim of exclusive ownership and entitlement to the 'Bay Leaf' name for new restaurants. The court accepted the authenticity of the lease agreement and payments made by the company to Rahman, which were not adequately explained by the applicant. The requirements for an interim interdict were not satisfied, and the application was dismissed with costs, including wasted costs from th…
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Smith v Smolak and Another (2021/7136) [2022] ZAGPJHC 825 (21 October 2022)
The High Court dismissed an interdict application over co-ownership and contact arrangements for a dog, finding no irreparable harm and an adequate alternative remedy.
Moolman v Andre Dreyer Motors t/a Auto Bavaria Midrand (5270/18) [2022] ZAGPPHC 723 (22 September 2022)
The High Court held that a 2016 shareholders’ meeting approved a 2017 profit-share scheme, awarding the plaintiff R1,422,093 plus interest and costs.
Peyper Austen Inc t/a Peyper Lessing Attorneys v Petru Bohta Properties (1277/2021) [2021] ZAFSHC 253 (18 October 2021)
The High Court dismissed an exception that a declaration was vague and embarrassing, holding the pleading sufficiently clear to allow a plea and any prescription defence.
Fairleads Electrical CC v Mare (12587/16) [2017] ZAGPPHC 343 (28 March 2017)
The court dismissed an exception to particulars of claim, holding that disputed facts about the agreement and alleged home-builder status required trial evidence.
Molai v Pule Incorporated (31533/2015) [2016] ZAGPPHC 695 (12 August 2016)
The court found that a binding agreement existed between the plaintiff and defendant, either verbal or tacit, for the payment of professional fees within a reasonable time after finalisation and taxation of matters. The defendant's policy of paying only after receipt from the Road Accident Fund was not communicated to the plaintiff and was not binding. The evidence showed that payments had previously been made without reference to RAF payments, and the defendant's challenges with RAF did not absolve it of its contractual obligations to the plaintiff. The court held that the plaintiff was enti…
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Alpha Pest Control CC v Minister of Public Works (2830/10) [2013] ZANWHC 82 (21 November 2013)
High Court judgment on a verbal fumigation contract: the plaintiff proved it treated 56.1 hectares, not 22,867m2, and recovered the unpaid balance.
Tactical Reaction Services CC v Beverley Estate II Homeowners Association (2007/16441) [2010] ZAGPJHC 102 (5 November 2010)
The court found no written security-services contract was concluded, but held the parties had a verbal month-to-month agreement with a three-month probationary period.
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