South Africa Case Law

Greyling v Meiring and Another (59852/2021)

Greyling v Meiring and Another (59852/2021) [2024] ZAGPPHC 929 (17 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

59852/2021

Judge

Collis

The Court found that the Plaintiff had discharged her onus in respect of all three claims. The Defendants admitted the loan but failed to prove any agreement for set-off of rental or legal costs, and no counterclaim for rental was instituted. The Plaintiff's evidence regarding the wedding expenses was accepted as more probable, and the First Defendant's contradictory versions were unsupported by documentary evidence. The employment claim was substantiated by the Plaintiff's testimony and documentary evidence, while the Defendants' denial was inconsistent with their own correspondence. The Cou…

Source excerpt

• Verbal Contract
• Loan Repayment
• Set Off
• Wedding Expenses
• Employment Relationship
• Costs Award

KP De Lange Trading (Pty) Ltd v HWBH Group (Pty) Ltd (918/2021)

KP De Lange Trading (Pty) Ltd v HWBH Group (Pty) Ltd (918/2021) [2024] ZAFSHC 129 (10 May 2024)

Court

Free State High Court, Bloemfontein

Case number

918/2021

Judge

Reinders

The court found that the plaintiff had proved, on a balance of probabilities, the existence of a verbal agreement for the supply of maize chop at market price plus commission, with payment due within 48 hours of invoice. The evidence established that the plaintiff delivered the goods and that the defendant failed to pay the claimed amount. The defendant's version of the agreement was rejected due to lack of corroboration and failure to produce banking or audited bookkeeping records to substantiate alleged payments. The defendant's own affidavit in support of a rescission application was consi…

Source excerpt

• Verbal Contract
• Payment Of Debt
• Commission Dispute
• Damages
• Burden Of Proof

Goliath and Another v Chicory SA (Pty) Ltd (3382/2018)

Goliath and Another v Chicory SA (Pty) Ltd (3382/2018) [2022] ZAECMKHC 63 (13 September 2022)

Court

Eastern Cape High Court, Makhanda

Case number

3382/2018

Judge

Laing

High Court judgment on a chicory-farming dispute over a verbal contract, drought losses, deductible expenses, and a counterclaim for the net loss.

• Verbal Contract
• Supervening Impossibility
• Counterclaim
• Deduction Of Expenses
• Tacit Terms
• Public Policy

Lotter and Others v Sekekete and Others (125/2017)

Lotter and Others v Sekekete and Others (125/2017) [2020] ZAFSHC 32 (26 February 2020)

Court

Free State High Court, Bloemfontein

Case number

125/2017

Judge

N. M. Mbhele

Court held the first defendant contracted with the plaintiffs for water delivery and rejected the defendants’ version after weighing conflicting evidence.

• Verbal Contract
• Subcontracting
• Payment Of Debt
• Mutually Destructive Versions
• Verbal-contract
• Payment-of-debt

Tudor Engineering and Draughting CC v Fortitutde Technology Group (PTY) Ltd and Another (27017/18)

Tudor Engineering and Draughting CC v Fortitutde Technology Group (PTY) Ltd and Another (27017/18) [2018] ZAGPPHC 765 (21 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

27017/18

Judge

M.J. Mosopa

The High Court refused summary judgment, finding that the second defendant raised a bona fide defence based on a disputed later oral agreement.

• Summary Judgment
• Verbal Contract
• Bona Fide Defence
• Estoppel
• Quasi Mutual Assent
• Summary-judgment

Tudor Engineering and Draughting CC v Fortitude Technology Group (PTY) Ltd and Another (27017/18)

Tudor Engineering and Draughting CC v Fortitude Technology Group (PTY) Ltd and Another (27017/18) [2018] ZAGPPHC 681 (21 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

27017/18

Judge

M J Mosopa

The High Court refused summary judgment after finding the second defendant raised a bona fide defence based on an alleged later oral payment agreement.

• Summary Judgment
• Verbal Contract
• Bona Fide Defence
• Triable Issue
• Summary-judgment
• Bona-fide-defence

Africa Catering Equipment Supplies v Prokopos t/a Mega Cafe (585/2008)

Africa Catering Equipment Supplies v Prokopos t/a Mega Cafe (585/2008) [2018] ZANWHC 9 (15 February 2018)

Court

North West High Court, Mafikeng

Case number

585/2008

Judge

Kgoele

The High Court held the plaintiff proved a verbal sale agreement for catering equipment and awarded the outstanding balance, interest, delivery or payment in lieu, and costs.

• Verbal Contract
• Sale Of Goods
• Specific Performance
• Onus Of Proof
• Amendment Of Pleadings
• Verbal-contract

Van Wyk and Others v Topaz Sky Trading 146 (Pty) Ltd and Others (21669/2014)

Van Wyk and Others v Topaz Sky Trading 146 (Pty) Ltd and Others (21669/2014) [2016] ZAGPPHC 146 (16 February 2016)

Court

North Gauteng High Court, Pretoria

Case number

21669/2014

Judge

Olivier

High Court dispute over a verbal building contract, approved plans, and unpaid work. The plaintiff succeeded; the defendant’s counterclaims for overpayment and rental loss failed.

• Verbal Contract
• Specific Performance
• Building Regulations
• Loss Of Rental Income
• Onus Of Proof
• Damages Quantification

Bright Ideas Projects 249 CC v Sanker and Others (9258/2009)

Bright Ideas Projects 249 CC v Sanker and Others (9258/2009) [2014] ZAKZPHC 48 (19 September 2014)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9258/2009

Judge

M R Chetty

The court held three defendants jointly liable for a diesel debt, finding the plaintiff was led to believe it contracted with a partnership, not a company.

• Partnership Liability
• Joint And Several Liability
• Verbal Contract
• Credit Facility
• Default Judgment
• Partnership-liability

Sebenza Construction BK v Nkosi (184/2004)

Sebenza Construction BK v Nkosi (184/2004) [2007] ZAGPHC 217 (21 September 2007)

Court

High Courts - Gauteng

Case number

184/2004

Judges

T.J. Raulinga, C. Pretorius

On appeal, the High Court upheld a contract claim for an unpaid balance, finding the magistrate wrongly accepted an unsubstantiated figure for alleged defects.

• Verbal Contract
• Specific Performance
• Quantification Of Damages
• Onus Of Proof
• Construction-contract
• Defective-workmanship