South Africa Case Law

Lourens DP (Pty) Ltd v Engelbrecht and Others (048287/2022)

Lourens DP (Pty) Ltd v Engelbrecht and Others (048287/2022) [2024] ZAGPPHC 682 (18 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

048287/2022

Judge

Millar

The court found that the sale agreement was void ab initio due to a material misdescription of the property, as the farm described in the agreement differed in name, extent, and title deed from the property actually transferred. This discrepancy was central and rendered the agreement invalid from the outset. The third and fourth defendants failed to address or dispute these facts in their pleadings or affidavits, and did not set out any bona fide defence to the plaintiff's claims. The court admitted the documentary evidence relied upon by the plaintiff, finding it in the interests of justice.…

Source excerpt

• Alienation Of Land Act
• Void Agreement
• Summary Judgment
• Material Non Disclosure
• Agent Commission
• Conveyancing Costs

Marais and Another v Klopper N.O. and Others - Leave to Appeal (4786/2019)

Marais and Another v Klopper N.O. and Others - Leave to Appeal (4786/2019) [2023] ZAFSHC 408 (26 October 2023)

Court

Free State High Court, Bloemfontein

Case number

4786/2019

Judge

Mthimunye, AJ

The High Court granted leave to appeal in a property-sale damages dispute, finding arguable prospects on the quantification of damages and agent’s commission.

• Leave To Appeal
• Quantification Of Damages
• Contractual Liability
• Agent Commission
• Mitigation Of Damage
• Leave-to-appeal

Bubu v Kay and Another (40591/2021)

Bubu v Kay and Another (40591/2021) [2023] ZAGPJHC 144 (15 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

40591/2021

Judge

S Yacoob

The High Court granted leave to appeal only on whether the agent’s commission was included in the rouwkoop amount, refusing leave on the other grounds.

• Sale Of Immovable Property
• Contractual Breach
• Penalty Stipulations
• Agent Commission
• Leave To Appeal
• Sale-of-immovable-property

Bubu v Kay and Another (40591/2021)

Bubu v Kay and Another (40591/2021) [2022] ZAGPJHC 779 (10 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

40591/2021

Judge

S Yacoob

The High Court held that a property sale agreement was validly cancelled after the purchaser failed to pay the balance despite an extension.

• Sale Of Immovable Property
• Alienation Of Land Act
• Contract Cancellation
• Penalty Clauses
• Agent Commission
• Deposit Refund

Marder Properties CC v Consilium Advocates (Pty) Ltd (17544/2010)

Marder Properties CC v Consilium Advocates (Pty) Ltd (17544/2010) [2012] ZAGPJHC 157 (12 September 2012)

Court

South Gauteng High Court, Johannesburg

Case number

17544/2010

Judge

FHD Van Oosten

The High Court dismissed an exception to amended particulars of claim, holding the pleading could support a claim for commission on more than one reasonable interpretation.

• Exception To Pleadings
• Cause Of Action
• Agent Commission
• Contract Interpretation
• Exception-to-pleadings
• Cause-of-action