South Africa Case Law

De Jongh and Others v Phillipides and Others (A2023/008709)

De Jongh and Others v Phillipides and Others (A2023/008709) [2025] ZAGPJHC 347 (2 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/008709

Judges

A. Maier-Frawley, T. Siwendu, L. Flatela

The court held that clause 3.3 of the agreement did not require the appellant to pay the balance of the purchase price into the seller's attorney's trust account, nor did it impose a duty to ensure the funds remained in trust until registration of transfer. The obligation was discharged upon payment to the seller's attorney, who acted as an adjectus solutionis causa. The attorney's misappropriation of funds did not constitute a breach by the appellant. The court found that the interpretation adopted by the court below led to insensible results and was inconsistent with the contract's text and…

Source excerpt

• Specific Performance
• Contractual Interpretation
• Adjectus Solutionis Causa
• Breach Of Contract

Voges v Business Venture Investments No 1034 (Pty) Ltd (12352/2017)

Voges v Business Venture Investments No 1034 (Pty) Ltd (12352/2017) [2018] ZAWCHC 72 (4 June 2018)

Court

Western Cape High Court, Cape Town

Case number

12352/2017

Judge

Gamble

High Court exception dismissed: an elderly plaintiff retained standing to claim repayment of her life-right purchase price after cancelling a retirement village contract.

• Housing Development Schemes For Retired Persons Act
• Stipulatio Alteri
• Locus Standi
• Contract Interpretation
• Adjectus Solutionis Causa
• Locus-standi