South Africa Case Law

Van Onselen N.O. and Another v De Jager N.O. and Another (CA 196/2021)

Van Onselen N.O. and Another v De Jager N.O. and Another (CA 196/2021) [2022] ZAECMKHC 50 (2 August 2022)

Court

Eastern Cape High Court, Makhanda

Case number

CA 196/2021

Judges

Griffiths, Rusi, Majali

The court held that the sale agreement, interpreted in light of its express terms and the surrounding circumstances, contained a tacit term obliging the trust to account and debate payments made to Rose's creditors. The trust, having admitted that any unpaid balance would be converted to a loan and that it had settled the loan, bore the onus to prove discharge of the debt. The evidence established that a substantial portion of the purchase price remained unpaid, and the appellants failed to discharge their burden. The failure to call Rose as a witness was not fatal, as the contract terms and…

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• Sale Of Land
• Fiduciary Duty
• Accounting And Debatement
• Burden Of Proof
• Tacit Terms
• Pleading Requirements

De Jager N.O and Another v Van Onselen N.O and Another (CA248/2017)

De Jager N.O and Another v Van Onselen N.O and Another (CA248/2017) [2019] ZAECGHC 7 (5 February 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA248/2017

Judges

J M Roberson, N G Beshe, G N Z Mjali

The court found that, given the family context of the transaction and the absence of agreed terms and conditions for the loan, the parties intended that demand would be a condition precedent for the debt to become due. The evidence showed that Rose did not expect payment or demand accounting while the prevailing circumstances continued, and his inaction was consistent with the parties' intention. The sequestration of Rose's estate changed the circumstances, vesting the estate in the appellants, who then acted in the interests of creditors. The court disagreed with the court a quo's finding th…

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• Prescription Act
• Loan Repayable On Demand
• Contractual Terms
• Family Trust Transaction
• Accounting And Debatement

Bergman and Others v Van der Westhuizen (9564/2006)

Bergman and Others v Van der Westhuizen (9564/2006) [2010] ZAWCHC 111 (26 February 2010)

Court

Western Cape High Court, Cape Town

Case number

9564/2006

Judge

Le Grange

The court upheld a partnership dissolution account against a radiologist, rejected a liquidation argument, dismissed counterclaims, and awarded punitive costs.

• Partnership Dissolution
• Accounting And Debatement
• Goodwill Valuation
• Punitive Costs
• Summary Judgment
• Liquidation Of Assets