South Africa Case Law

Feltre Trust and Others v Middelvlei Tenacres Properties (Pty) Ltd and Others (2024/019326)

Feltre Trust and Others v Middelvlei Tenacres Properties (Pty) Ltd and Others (2024/019326) [2025] ZAGPJHC 549 (26 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/019326

Judge

Nigrini

The court found that the failure to attach the trustee resolution to the sale agreement or founding affidavit did not render the contract void, as the resolution was executed prior to the agreement and authority was not challenged until later. The agreement was validly concluded and cancelled, and the penalty clause invoked the Conventional Penalties Act, making proportionality a live issue. The referral to oral evidence on proportionality was within the court's discretion under Rule 6(5)(g) and did not violate the functus officio doctrine, as it was an interlocutory order. The respondents' c…

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• Alienation Of Land Act
• Conventional Penalties Act
• Contract Cancellation
• Authority Of Trustees
• Case Management
• Oral Evidence Referral

SIDZ Motorcycles Racing (Pty) Ltd v Chemaly N.O and Others (6862/2024)

SIDZ Motorcycles Racing (Pty) Ltd v Chemaly N.O and Others (6862/2024) [2025] ZAFSHC 136 (14 May 2025)

Court

Free State High Court, Bloemfontein

Case number

6862/2024

Judge

Benade AJ

Condonation for the late filing of the respondents' opposing affidavit was granted, as the delay was not inordinate and did not cause serious prejudice to the applicant, despite the poor explanation. On the merits, the court found that the second respondent was not duly authorised to bind the Michael Family Trust, as the trustees did not act jointly and no written authority was provided. The respondents' version was not implausible or far-fetched and could not be rejected on the papers. The applicant's reliance on estoppel was dismissed, as it was raised for the first time in reply, causing p…

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• Condonation
• Authority Of Trustees
• Alienation Of Land Act
• Estoppel
• Public Auction
• Costs Order

Sibidi and Others v Van As and Others (B2/2024)

Sibidi and Others v Van As and Others (B2/2024) [2025] ZAGPPHC 466 (14 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

B2/2024

Judge

Strijdom

The High Court dismissed an application for leave to appeal against an order activating a suspended sentence, finding no reasonable prospect of success.

• Leave To Appeal
• Authority Of Trustees
• Locus Standi
• Rule 7 Uniform Rules
• Costs Order
• Leave-to-appeal

Swarts N.O and Another v Gouws N.O and Others (23604/2021)

Swarts N.O and Another v Gouws N.O and Others (23604/2021) [2023] ZAGPPHC 679 (10 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

23604/2021

Judge

Munzhelele

The High Court held that the parties concluded a binding oral share-sale agreement at an AGM and ordered specific performance despite no written contract.

• Oral Contracts
• Specific Performance
• Authority Of Trustees
• Share Transfer
• Repudiation
• Contractual Terms

Lekoko and Others v ABSA Bank Ltd and Others (UM20/2023)

Lekoko and Others v ABSA Bank Ltd and Others (UM20/2023) [2023] ZANWHC 141 (26 July 2023)

Court

North West High Court, Mafikeng

Case number

UM20/2023

Judge

S Mfenyana

The High Court enforced an earlier order pending appeal, finding the leave-to-appeal attempt premature because reasons had not yet been furnished.

• Enforcement Of Court Orders
• Urgent Interdict
• Trust Management
• Leave To Appeal
• Authority Of Trustees
• Enforcement-of-court-orders

Neale N.O. and Others v Pipeflo (Pty) Ltd (23970/21)

Neale N.O. and Others v Pipeflo (Pty) Ltd (23970/21) [2022] ZAGPPHC 667 (19 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

23970/21

Judge

Kooverjie

The court granted condonation and held the trust was authorised to litigate, but dismissed a proposed amendment that wrongly tried to bind the defendant under a tacit lease tied to another company.

• Amendment Of Pleadings
• Condonation
• Authority Of Trustees
• Tacit Lease Agreement
• Privity Of Contract
• Amendment-of-pleadings

Body Corporate of Brushwood Sectional Title Scheme v Whitfields Property Management (Pty) Ltd (17078/2021)

Body Corporate of Brushwood Sectional Title Scheme v Whitfields Property Management (Pty) Ltd (17078/2021) [2022] ZAGPJHC 358 (26 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

17078/2021

Judge

Twala M L

The court held that the applicant was entitled to terminate the management agreement due to the respondent's breach in refusing to execute its mandate to pay a creditor as instructed by the trustees. The trustees were found to have authority to act, as they were duly appointed at the 2019 annual general meeting and their actions remained valid under the prescribed management rules, even if there was a defect in their appointment. The respondent's refusal to accept the cancellation and to deliver the documents was unjustified. The applicant was not required to give notice of termination, and t…

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• Sectional Titles Schemes Management Act
• Termination Of Agency
• Breach Of Contract
• Prescribed Management Rules
• Authority Of Trustees

Goldex 16 (Pty) Ltd v Capper NO and Others (543/2018)

Goldex 16 (Pty) Ltd v Capper NO and Others (543/2018) [2019] ZASCA 105 (4 September 2019)

Court

Supreme Court of Appeal

Case number

543/2018

Judges

Leach, Saldulker, Tsoka

The Supreme Court of Appeal dismissed a claim that a trustee who signed a void land sale could be held personally liable for the purchase price.

• Alienation Of Land Act
• Sectional Titles Act
• Authority Of Trustees
• Specific Performance
• Breach Of Warranty
• Alienation-of-land-act

Absa Bank Limited v Marx NO and Others (9757/2017)

Absa Bank Limited v Marx NO and Others (9757/2017) [2018] ZAWCHC 42 (29 March 2018)

Court

Western Cape High Court, Cape Town

Case number

9757/2017

Judge

Holderness

The High Court refused condonation for a late counterclaim, set it aside as irregular, and ordered the trustees to pay costs.

• Condonation
• Counterclaim
• Prescription
• Trust Law
• Irregular Step
• Authority Of Trustees

Moraitis Investments (Pty) Ltd and Others v Montic Diary (Pty) Ltd and Others (799/2016)

Moraitis Investments (Pty) Ltd and Others v Montic Diary (Pty) Ltd and Others (799/2016) [2017] ZASCA 54; [2017] 3 All SA 485 (SCA); 2017 (5) SA 508 (SCA) (18 May 2017)

Court

Supreme Court of Appeal

Case number

799/2016

Judges

Leach, Tshiqi, Wallis, Saldulker, Fourie

The SCA dismissed an appeal to rescind a consent order, holding that lack of authority was not proved and the consent judgment remained binding.

• Authority Of Trustees
• Company Shareholder Rights
• Consent Judgment
• Rescission Of Order
• Unanimous Consent Principle
• Companies Act Compliance