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South Africa decisions
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Minister of the Department of Rural Development and Land Reform v Marolien CC and Others [2025] ZAGPJHC 329 (27 March 2025)
The High Court uplifted a bar and condoned a plea filed one day late, finding a bona fide defence and that justice favoured allowing the matter to proceed.
Setso Property Fund (Pty) Ltd v Manama (2023/0027101) [2024] ZAGPJHC 592 (21 June 2024)
The court found that the bank's statement constituted 'in principle' approval as required by the suspensive condition in the sale agreement. The statement was delivered prior to the conclusion of the agreement, and both parties had knowledge of the approval at the time of signature. The language of the agreement and the bank's statement supported the interpretation that the suspensive condition was fulfilled timeously, rendering the agreement binding. The court rejected the respondent's argument on non-joinder, holding that the bank had no direct or substantial legal interest in the proceedin…
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Christopher Charles Hughes v Nicolas Gargassoulas and Others (1030/2022) [2024] ZASCA 46 (12 April 2024)
The Supreme Court of Appeal dismissed leave to appeal in a dispute over a sale agreement, finding no valid waiver of a suspensive condition.
Hajee v Darsot (42535/2022) [2023] ZAGPJHC 840 (27 July 2023)
The High Court dismissed an urgent application for an interim interdict over a property sale, finding the applicant had not fully complied with the agreement.
Mouton and Others v Du Plessis and Others (4180/2021) [2022] ZAWCHC 92 (24 March 2022)
The High Court refused leave to appeal against an eviction order, finding no reasonable prospects of success and no binding sale agreement.
McGrane v Cape Royale The Residence (Pty) Ltd (831/2020) [2021] ZASCA 139 (6 October 2021)
The Supreme Court of Appeal held that a subject-to-bond clause did not apply because the purchaser did not need finance and had waived it by paying cash.
Clinpete (Pty) Ltd v K201146712 (South Africa) (Pty) Ltd and Others (17/28917) [2021] ZAGPJHC 399 (12 August 2021)
The High Court referred an application about municipal charges under a sale agreement to trial because the disputes of fact could not be resolved on affidavit.
Henque 1273 CC v Du Plessis and Others (2119/2020) [2020] ZAFSHC 160 (7 September 2020)
The Free State High Court has jurisdiction to adjudicate the matter concerning immovable property situated in the North West Province, as section 97(2) of the Deeds Registries Act and relevant case law confirm that exclusive jurisdiction does not vest solely in the forum rei sitae. Proper notice was given to the Registrar of Deeds, Pretoria, and the property is within South Africa. The resolution authorising the trustee to oppose the application was invalid, as there was no evidence of consultation with the third trustee, nor was the resolution signed by all trustees or accompanied by minutes…
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Henque 1237 CC v Du Plessis NO and Others (2119/2020) [2020] ZAFSHC 205 (7 September 2020)
The Free State High Court has jurisdiction to grant orders affecting immovable property situated in another province, provided the requirements of section 97 of the Deeds Registries Act are met and proper notice is given to the relevant Registrar of Deeds. The court distinguished the Eilon case, noting that it concerned property outside South Africa and did not apply to the present facts. The resolution authorising the trustee to oppose the application was invalid, as there was no evidence of consultation with the third trustee, nor was the resolution signed by all trustees or properly dated.…
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Joycor Enterprises (Pty) Ltd v Draai and Others (2178/18) [2020] ZAECPEHC 15 (28 May 2020)
The High Court refused leave to appeal, finding no reasonable prospects of success on issues about suspensive conditions, proof, and prior sale agreement validity.
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