South Africa Case Law

Lange and Another v Henegan and Others (45732/18)

Lange and Another v Henegan and Others (45732/18) [2023] ZAGPJHC 1493 (15 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

45732/18

Judge

A Louw

The court found, on a balance of probabilities, that the testator intended the minute from Citadel Investments (annexure POC3) to be his will, thereby excluding the first and second defendants as beneficiaries. The evidence, including direct instructions to the plaintiffs and corroborating witness testimony, established the necessary animus testandi. The court adopted a flexible approach to the drafting requirement under section 2(3) of the Wills Act, holding that the document need not be personally drafted by the deceased if the intention is clear. The animosity between the testator and his…

Source excerpt

• Wills Act Section 2 3
• Testamentary Intention
• Joint Will Amendment
• Admissibility Of Extrinsic Evidence

Bothma & Others v Bothma N.O & Another (748/2019)

Bothma & Others v Bothma N.O & Another (748/2019) [2021] ZASCA 46 (15 April 2021)

Court

Supreme Court of Appeal

Case number

748/2019

Judges

Dambuza, Schippers, Plasket, Goosen, Poyo-Dlwati

The Supreme Court of Appeal held that a settlement requiring delivery of “clean sand” meant sand free of impurities with commercial value, not rehabilitative fill.

• Contract Interpretation
• Parol Evidence Rule
• Damages For Breach
• Settlement Agreement
• Admissibility Of Extrinsic Evidence
• Contract-interpretation