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South Africa decisions
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Meiring and Another v Jones (2985-2019) [2024] ZAGPJHC 188 (26 February 2024)
The High Court varied an earlier order to correct a mistaken policy number, finding the error was clerical and that condonation for delay was justified.
Hattingh v Furman and Others NNO (388/2019) [2020] ZASCA 123 (5 October 2020)
The majority of the Supreme Court of Appeal held that the Addendum to the Memorandum of Agreement (AMA) was a simulated transaction, intended to conceal Hattingh's member's interest from the heirs of his late wife, rather than genuinely divesting him of that interest. The evidence demonstrated that Hattingh continued to act as general manager and retained the ability to reclaim his member's interest, indicating that the parties did not intend the AMA to have its apparent legal effect. Consequently, Hattingh did not withdraw from the business as contemplated by clause 13.1.3 of the Buy and Sel…
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Furman NO and Others v Hattingh (8914/2017) [2018] ZAGPJHC 649 (12 December 2018)
The court found that the Addendum to the Acquisition Agreement was a simulated act, intended to prevent the heirs of Blackburn from claiming their lawful share in Hattingh's member's interest in Air and Allied Technologies CC. Despite documentary evidence of cancellation, Hattingh remained a member in fact and continued to participate in the affairs of the close corporation. The Buy and Sell Agreement (BSA) was never properly cancelled and remained operative. The Addendum lacked commercial sense and was designed solely to defeat the rights of Blackburn's heirs, contrary to public policy and s…
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Slabbert N.O. and Another v Ukufisa Investment Holdings (Edms) Bpk and Others (66906/2014) [2014] ZAGPPHC 1023 (19 December 2014)
The High Court dismissed an application for insurance policy proceeds, holding that the insurer should have been joined and that the applicants’ recourse lay against it.
Ferreira NO v Langeveld and Others (8941/13) [2013] ZAGPPHC 403 (6 December 2013)
The High Court granted an interim interdict preserving R2.3 million paid under a buy-and-sell life policy, pending an executor’s intended action.
Liberty Group Ltd v Jordaan (A289/11) [2012] ZAFSHC 168 (13 September 2012)
The appeal succeeded. The court held the policy was a buy-and-sell life policy, the respondent had ceded his rights, and his claim to the proceeds failed.
Jordaan v Liberty Life Ltd (3890/2007) [2011] ZAFSHC 217 (29 July 2011)
High Court dispute over an insurance policy cession. The court found the plaintiff did not sign the first cession and the second cession was invalid.
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