National Sorghum Breweries (Pty) Limited t/a Vivo Africa Breweries v International Liquor Distributors (Pty) Limited

The respondent instituted two separate actions arising from the same contractual relationship. In the first action it claimed restitution in the form of repayment of the purchase price after cancellation of the contract due to breach. In a subsequent action, it claimed damages arising from the same breach and cancellation. The appellant raised the defences of res judicata (exceptio rei judicatae vel litis finitae) and the “once and for all” rule, contending that the second action was barred because the dispute had already been finally determined in the first action.

The appeal was dismissed with costs.

The case clarifies the distinction in South African law between restitutionary claims following cancellation of a contract and claims for damages, confirming that they do not necessarily constitute the same cause of action. It provides important guidance on the limits of the exceptio rei judicatae and the “once and for all” rule, and distinguishes damages claims from forfeiture claims governed by the Conventional Penalties Act.