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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: south africa supreme court of appeal Page 1 of about 94 results (0.090 seconds)

May 29 2013 (FN)

Lourens Wepener Van Reenen Vs. Santam Limited

Court : South Africa Supreme Court of Appeal

..... insured. [14] the gist of the contentions made on the appellants behalf before us is that as these provisions allow the third party to exercise the insureds right to indemnity against the insurer, they effectively constitute a statutory cession of the insureds claim against the insured to the third party. santam gave no hint that it would not indemnify abakor ..... of abakors claim on 10 april 2001. and by assisting abakors opposition to the appellants claim, santam was in fact indemnifying abakor and complying with its obligations under the insurance contract. thus, abakor, and in turn the appellant, would not have been entitled to sue santam for specific performance of its contractual obligations before repudiation because there was no breach ..... the debt became due no earlier than 10 april 2001 when santam repudiated abakors claim for indemnification arising out of liquidators failure to comply with certain obligations under the insurance contract. thus, the period of prescription ran afresh from that date. an alternative allegation was that if the debt became due before the issue of summons on 13 january 2001, ..... appointment of abakors liquidators was made on 16 march 2001. [4] during the material time february to august 1997 abakor and the respondent (santam) were bound by a written contract of insurance. in terms of that agreement santam indemnified abakor, by means of an insurance policy issued by it, against any liability incurred against third parties for claims arising from .....

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Mar 15 2013 (FN)

imvula Quality Protection (Pty) Ltd. Vs. Licinio Loureiro and Others

Court : South Africa Supreme Court of Appeal

..... been concluded between the appellant and ccandp. on the evidence this argument is without merit. the first respondent and ricardo testified about the circumstances relating to the conclusion of the contract. the first respondent had requested ricardo to arrange the guard service since the latter already knew the relevant persons in the industry. ricardo was adamant that he acted in his ..... my view the judge incorrectly invoked the doctrine and accordingly erred in this regard. [23] it follows that the first respondent has failed to establish that the appellant breached the contract. negligence [24] i turn now to that part of the first respondents claim based on negligence on the part of the appellant. this necessarily involves a consideration of mahlangus ..... managing director of izas and the first respondents insurance broker testified that izas only sought to recover the amount it had paid out. the cession accordingly related to the limited indemnity. it follows that the conclusion of the court below cannot be faulted. the special plea was correctly dismissed. the appeal on this ground fails. the identity of the ..... of the south gauteng high court, johannesburg (satchwell j) in which imvula quality protection (pty) ltd (the appellant) was found liable to mr licinio loureiro (the first respondent) in contract, and to mrs vanessa loureiro and their two minor sons (the second to fourth respondents respectively) in delict for the loss they allegedly suffered in a robbery which occurred at .....

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Nov 14 2013 (FN)

Guardrisk Insurance Company Ltd and Others Vs. Kentz (Pty) Ltd.

Court : South Africa Supreme Court of Appeal

..... obliged to make payment in terms of the guarantees and accordingly granted judgment in favour of kentz. it also made an order in favour of guardrisk in terms of the indemnities and deed of suretyship. it is that order that is before us. [8] shortly before the hearing of this appeal, the liquidators of brokrew applied to this court, in ..... between the contractor and the employer. the purpose of the guarantees was to protect kentz in the event that brokrew could not perform its obligations in terms of the construction contract. [14] inlombard insurance co ltdv landmark holdings (pty) ltd and others, navsaja described a guarantee very similar to the performance guarantee in this matter as: ...not unlike irrevocable ..... the guarantor (guardrisk) to pay kentz (the employer) on the happening of a specified event.[4] it was recorded in the guarantees that notwithstanding the reference to the construction contract, the liability of the bank as principal is absolute and unconditional, and should not be construed to create an accessory or collateral obligation. the guarantees go further and specifically state ..... r17 million after the advance payment guarantee had been issued by guardrisk and submitted to kentz. the advance payment was to facilitate commencement of the works by brokrew, under the contract. this is typical of what is commonly referred to as construction guarantees. [3] it was common cause that brokrew experienced severe financial difficulties which impacted on its ability to .....

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May 30 2014 (FN)

Minister for Safety and Security Vs. Jaco Scott

Court : South Africa Supreme Court of Appeal

..... impact on the planned elephant hunt, lead to the cancellation of the contract between the respondents and field and stream magazine and cause financial loss to scottco. the cross-examination of the police officers did not traverse the ..... claimed by scottco are too remote to be recoverable. it is not possible, on the evidence, to find that the police officers knew of the contract between scottco and field and stream magazine. there was no evidence that the police officers knew, let alone foresaw, that scotts detention would have any ..... and that it was scotts arrest and detention that resulted in the failure of the elephant hunt and ultimately led field and stream to cancel the contract. that being so, the enquiry turns to legal causation (remoteness of damage). this is an enquiry into whether the wrongful act is linked ..... the continuing concern of courts to guard against the spectre of indeterminate liability. [31] in the present case, the police had no knowledge of the contract or its terms an aspect to which i will return in due course. there can thus be no talk of an intentional interference in the ..... according to scott and cassidy, the entire hunting trip was a disaster for the american group. [11] on 18 june 2004, cassidy cancelled the contract with scottco. the letter of cancellation reads: the purpose of this letter is to inform you that effective immediately we are rescinding our agreement of november .....

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May 29 2014 (FN)

The Local Municipality of Madibeng Vs. Paphiri Business Enterprise Cc

Court : South Africa Supreme Court of Appeal

..... the history of the negotiations that i set out above shows conclusively that parties were bound by the written agreement of august 2003 which contained the material terms of their contract. as mentioned above, the municipality relied in its plea on that agreement and specifically alleged that the tariffs contained therein in respect of the different services had been agreed ..... the service fees payable to paphiri would escalate annually in accordance with the consumer price index. second, clause 2.2 provided: counts shall be performed every six months during the contract period by the manager, department of land, housing, environment, solid waste, parks, streets and cemeteries after which the fee paid to paphiri for rendering the different refuse removal ..... as it may, it purported to adjust the previous appointment letter which quoted for only household waste removal, street cleaning and removal of illegal waste and recorded a five year contract effective from 1 april 2003. [6] subsequent to this haphazard and confused process, the parties concluded a written memorandum of agreement. signed by paphiri on 6 august 2003 ..... 3. that after the approval of the mayoral committee an appointment letter be served to paphiri business enterprise with an adjusted tender amount. 4. that the municipality enter into a contract with the service provider. [5] following this resolution the municipality addressed a letter to paphiri on 12 may 2003. referred to as the acceptance letter it was shown both .....

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May 28 2014 (FN)

Solidarity and Another Vs. the Public Health and Welfare Sectoral Barg ...

Court : South Africa Supreme Court of Appeal

..... suggest that the basis of his employment changed thereafter. on the face of it chaplins further statement: he was not appointed on university conditions of service and there was no contract between him and the university.? can only mean, judged on the probabilities, that his employment was an ad hoc one, a loose arrangement, which the appellant could terminate at ..... employment without the permission of the executing authority. the employee even though on suspension, remained an employee of the department and was subject to its authority in terms of the contract of employment . . . accepting or assuming other employment amounts to being absent from duty because the employee is now rendering his services to another employer which conduct is irreconcilable with ..... with compu africa without authorization by the respondent. in accepting employment with compu africa the employee absented himself from work without the authorization of the respondent and thereby subjected his contract to termination by the operation of the law. [17] it is for the above reasons that i am of the view that the commissioner cannot be faulted for arriving ..... respondent, cl dickens no (the commissioner). [4] the commissioner held: the effect of section 17(5)(a)(i) and (ii) is that provided the requirements are satisfied the employment contract terminates by operation of law. as this termination is triggered by the occurrence of an event and is not based on an employers decision, there is no dismissal as contemplated .....

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May 19 2014 (FN)

Michael Robarts Vs. Stefan Okreglicki Antoni No and Others

Court : South Africa Supreme Court of Appeal

..... amounts to a rejection of the offer.[12]brand ja described a counter-offer as follows in legator mckenna inc v shea:[13] [a] binding contract can only be brought about by an acceptance which corresponds with the offer in all material aspects. yes, but? does not signify agreement. at ..... recordal because of the impending transfer of the trust property and that he, accordingly, signed the robarts draft on the trusts behalf to bring about a contract which ... [he] was prepared to go along with. it was then made plain in those affidavits and in the correspondence of their attorneys following ..... below robarts denied that the signed robarts draft constituted a binding written agreement. he argued that it was merely an offer made to the respondents to contract on its terms, which was rejected on 2 august 2012 and was followed by a counter-offer on 10 august 2012 which robarts did not accept. ..... an appeal against a judgment of the western cape high court (louw j). the court below granted the respondents an order of specific performance of a contract and directed the appellant (robarts) to do all things necessary to permit the registration of certain height servitudes over an immovable property belonging to his late ..... signing the robarts draft, now termed a written instrument, antoni meant merely to facilitate proof of the terms of that oral contract and did not bring about a new contract. the trust chose to sue not on the oral agreement but on the written instrument as it was constrained to do .....

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May 14 2014 (FN)

Asmal Ahmed Vs. Essa Mahamed Haroon Noor

Court : South Africa Supreme Court of Appeal

..... underlying transaction.[4]thus if, for example, the underlying transaction is voidable, illegal or there has been a failure to perform, a claim by the payee for enforcement of the contract will not succeed.[5]the validity of the underlying loan agreements concluded by the parties here therefore bears some relevance for the enforcement of the obligations arising from the cheques ..... 89(2)(d). the cheques could not found provisional sentence in the circumstances. [7] it is well-recognized that a cheque that has been properly drawn and issued constitutes a contract in writing, which enjoys the characteristic of negotiability, and must be founded on a justa causa debendi, or reasonable cause in order to be valid and enforceable.[3]the obligation .....

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Apr 16 2014 (FN)

Moses Moshe Litako and Others Vs. the State

Court : South Africa Supreme Court of Appeal

on appeal from: the north west high court, sitting at rustenburg circuit court (hendricks j sitting as court of first instance). the following order is made: the appeal is upheld and the convictions and sentences are set aside. judgment navsa and ponnan jja(leach and petse jja, swain aja concurring): [1] during the night of 4 february 2007, at mmatau village in the district of madikwe, north west province, the owner of the white house tavern and one of her patrons were robbed of r5 000 and their cellular telephones. another patron, mr godfrey moleta ngema, was assaulted. during the robbery, shots were fired as a result of which mr ben seretse motshwaedi (the deceased) was killed. the five appellants and a co-accused (the fourth accused in the court below, who has not prosecuted an appeal)[1]were arrested and, in relation to the events described above, were charged in the north west high court with murder; two counts of robbery with aggravating circumstances; assault with intent to do grievous bodily harm; four counts of possession of firearms in contravention of s 3 read with ss 1, 103, 117, 120(1)(a) and schedule 4 of the firearms control act 60 of 2000; and finally, one count of unlawful possession of ammunition, in contravention of s 90 read with ss 1, 103, 117, 120(1)(a), 121 and schedule 4 of the firearms control act. in the summary of substantial facts attached to the indictment, the state alleged that the appellants had acted in furtherance of a common purpose in .....

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Apr 01 2014 (FN)

Ellerine Brothers (Pty) Ltd. Vs. Mccarthy Limited

Court : South Africa Supreme Court of Appeal

..... determine the lease is derived from s 37(1), it is consistent with the election of the liquidator at common law not to perform uncompleted contracts where it may not be to the benefit of the concursus. the proviso to that subsection in turn preserves the lessors right to claim compensation ..... obligations which fall due to be performed between the date of sequestration and the date upon which the trustee makes his election to abide the contract. [13] it follows that there is no merit in the appellants suggestion that the demand for payment in the letter of 16 january offended ..... ) sa 694 (t)) except in one respect, and that is that, because of the supervening concursus, the trustee cannot be compelled to perform the contract.[18]the existence of the concursus, does not, on this principle, in any way affect the continued existence of the rights and obligations of the respective ..... claim from the liquidator the payment of damages for the non-performance by the company of its contractual obligations.[16]the claims of the other contractant are therefore reduced by the concursus to a monetary claim and participation in the insolvent estate as a concurrent creditor, where it is treated on ..... the statement, frequently encountered, that a trustee or a liquidator in insolvency has a right of election? whether or not to abide by a contract means no more than that by reason of the existence of the concursus the other party cannot exact specific performance against the trustee or liquidator if .....

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