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South Africa decisions
Decisions matching the current search
van der Merwe t/a Anne's Care Centre v Eastern Province Caterers (Pty) Ltd (3541/2018) [2019] ZAECPEHC 76 (5 November 2019)
The High Court dismissed an application to rescind default judgment, finding no reasonable explanation for the default and no bona fide defence with prospects of success.
Insulation Thermal Acoustic Security Company (Pty) Ltd and Another v South African Post Office Limited (A23/2015) [2016] ZAGPPHC 914 (21 October 2016)
The High Court upheld an appeal against absolution from the instance, finding the trial court had not properly considered alternative contractual claims.
FH Swanepoel Plant Hire CC v PMG Mining (Pty) Ltd (1291/2009) [2010] ZANCHC 36 (27 August 2010)
The High Court granted leave to amend pleadings, allowing the plaintiff to abandon a claim based on a second agreement, and ordered costs against it.
ABSA Technology Finance Solutions (Pty) Ltd voorheen bekend as Union Finance holdings (Pty) Limited v Ed-u-College (Welkom) and Another (2457/2003) [2006] ZAFSHC 47 (23 November 2006)
The court found that the plaintiff failed to prove, on a balance of probabilities, that the second defendant was authorised to bind the first defendant to the lease agreement. The evidence showed that the written power of attorney provided by the directors of the first defendant was intended solely for the purpose of obtaining overarching financing and not for the acquisition of office equipment. The plaintiff did not receive the acknowledged power of attorney directly from the first defendant, nor was there evidence that the first defendant made any representation to the plaintiff regarding…
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