Nativa Manufacturing (Pty) Ltd v Keymax Investments 125 (Pty) Ltd 2020 (1) SA 235 (GP)

SUMMARY The Applicant (“Nativa”) seeks to join the Third Respondent (“Marce”) as third defendant in an action for damages allegedly suffered by Nativa as a result of a fire that broke out on commercial premises owned by the First Respondent (“Keymax”). Nativa leased a unit from Keymax for the purposes of packaging pharmaceutical materials. The
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Scally v Feltra (Pty) Ltd (272/2019) [2019] ZAKZPHC 36 (11 June 2019)

SUMMARY Background Jeannette Valerie Scally (the “Applicant”) and Feltra (Pty) Ltd (the “Respondent”) concluded a sale agreement (the “Agreement”) in terms of which the Respondent would pay the full purchase price in 5 (five) instalments. The Respondent failed to effect payment of the second and remaining instalments timeously but part payments in lesser amounts were
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Kekana v Road Accident Fund (206/17) [2018] ZASCA 75 (31 May 2018)

SUMMARY In August 1996, the Appellant (an employee of the the South African Police Service), was involved in a motor vehicle accident and suffered bodily injuries, whereafter a claim for damages was made against the Respondent, The Road Accident Fund (the ”Fund”).   After several settlement offers being made by the Fund during the course
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Stephanus de Lange NO v The Minister of Water Environmental Affairs (81/2018) [2019] ZASCA 59 (17 April 2019).

SUMMARY This matter dealt with the question of prescription insofar as it relates to the Appellant’s claim for damages against the Minister of Water and Environmental Affairs (the “Respondent”) for the loss suffered as a result of the Respondent’s alleged unlawful failure to maintain an irrigation canal. The failure, on the part of the Respondent,
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BKB Limited v Bezuidenhout (3115/2017) [2019] ZAECGHC 18 (5 March 2019)

SUMMARY BKB Limited (“the Plaintiff”) entered into a verbal agreement with Pieter Bezuidenhout (“the Defendant”), wherein the Plaintiff would deliver fertilizer to the Defendant at the Defendant’s special instance, from time to time. Upon delivery of the fertilizer, it was an express, alternatively implied, alternatively tacit term that the Defendant would be invoiced, and that
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Botha v Kirk Attorneys (EL 257/2016, ECD757/2016) [2019] ZAECELLC 1 (22 January 2019)

SUMMARY Mr. Lucian Botha (“the Plaintiff”), carrying on his trade as a building contractor was involved in a motor vehicle accident on or about 5 April 2013. The said accident, wherein the Plaintiff veered off the road owing to the negligence of an unidentified driver as argued by his counsel, resulted in him sustaining severe
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Deeds Office v Municipalities: The 60 Day Rule and Rates Clearances

Introduction This article examines the legal and practical effect of Chief Registrar’s Resolutions 2 and 4 of 2018, which prescribe that a rates clearance certificate (“RCC”) is only valid for the purposes of facilitating the transfer of the property in the Deeds Office for a period of 60 days from the date of issue thereof,
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Liberty Group Ltd v Erasmus NO (54534/2011) [2018] ZAGPPHC 497 (11 July 2018)

BACKGROUND Chartered Life Insurance Company Ltd, later known as Liberty Active Ltd, ceded, to the Plaintiff, all its rights and interests in and to any claim that may arise from the payment of commissions from the broking agreements concluded by ECE. The eight defendants independently bound themselves as sureties and co-principal debtors in solidum to
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Bondev Midrand (Pty) Ltd v Puling (802/2016); Bondev Midrand (Pty) Ltd v Ramokgopa (803/2016) [2017] ZASCA 141 (2 October 2017)

BACKGROUND AND FACTS The Appellant, Bondev Midrand (Pty) Ltd, developed over 4000 residential dwellings in Midstream Estate. The appeals in this matter relate to immovable property within the aforesaid estate as sold by the Appellant to Mr Ramokgopa and Mr and Mrs Puling, respectively. The two appeals relate to the transfer of property in case
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ABET Inspection Engineering (Pty) Ltd v The Petroleum Oil and Gas Corporation of South Africa and Another (A280/2017) [2018] ZAWCHC 7 (1 February 2018)

SUMMARY Vumela Industrial Consultancy (Pty) Ltd (“Vumela”) successfully tendered for a contract for the provision of quality control and approved inspection authority services for PetroSA, being an organ of state (“the Contract”). Vumela had obtained the highest score in the tender evaluation process and offered a tender price that was R4.6 million lower than that
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