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Afgri Operations (Pty) Ltd v Oberholzer and Others (1306/2020) [2022] ZAWCHC 6 (10 February 2022)
The High Court dismissed an exception to a plea and counterclaim arising from a commission agreement and a sale of land, holding the pleaded defence and fictional fulfilment claim were legally tenable.
Viervi Investments 1 Bk h/a Africa Game Farm Estates v Swart and Another (47595/2007) [2010] ZAGPPHC 588 (23 February 2010)
The High Court held that the plaintiff failed to prove an oral commission agreement and dismissed the claim with costs.
Voorslag Ontwikkelingskorporasie (Edms) Bpk. v Ruil 'n Plaas (Eiendoms) Bpk. (87/83) [1984] ZASCA 117 (27 September 1984)
The court held that the suspensive condition in clause 7 of the sale agreement required the purchaser to obtain a loan before or on 30 June 1981. The evidence did not establish that a loan was obtained on or before the deadline, nor that the terms of the loan were communicated to the purchaser in time for acceptance. The respondent failed to prove that the suspensive condition was fulfilled, and therefore no binding and enforceable contract arose between the parties. Consequently, the respondent was not entitled to agent's commission. The appeal was upheld, and absolution from the instance wa…
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