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South Africa decisions
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Marindafontein (Pty) Ltd v 16Ten Properties (Pty) Ltd and Another (046908-2022) [2024] ZAGPJHC 195 (29 February 2024)
Leave to appeal was refused after the court found no reasonable prospects of success in a landlord-tenant dispute over written consent for subletting and alterations.
Road Accident Fund v Ruele and Others (19982/2016) [2024] ZAGPPHC 45; [2024] 2 All SA 199 (GP) (19 January 2024)
The High Court dismissed the Road Accident Fund’s rescission application, holding that no express written consent for rescission was shown and condonation was not sought.
Botes v Sandvik Mining RSA (Pty) Ltd (CA&R47/2019) [2020] ZANCHC 29 (12 June 2020)
The court held that the deed of suretyship signed by the appellant was valid and enforceable, as it complied with section 6 of the General Law Amendment Act by embodying all terms in a written document signed by the surety. The court found that the document was not a joint suretyship requiring signatures from all directors, and the absence of other signatures did not invalidate the agreement. Written consent to the jurisdiction of the magistrate's court was established through clause 8 of the deed of suretyship and clause 15 of the credit application, both signed by the appellant. The court a…
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