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South Africa decisions
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Sheriff of High Court, Centurion West v Bemdi Financial Solutions CC and Another (2021/3338) [2025] ZAGPJHC 458 (12 May 2025)
The sheriff withdrew an application to cancel a sale in execution after payment was made. The High Court ordered punitive costs against the respondents.
Du Plessis v Strauss (46833/18) [2023] ZAGPPHC 590 (26 June 2023)
The court found that the agreement was validly cancelled by the applicant in accordance with the breach and cancellation provisions. The respondent failed to deliver the required tax clearance certificate and did not comply with warranties regarding legal compliance and operating licences. The respondent's claim for rectification was dismissed as he failed to prove that the agreement did not reflect the parties' true intention, and the evidence showed both parties were aware of the tax clearance requirement. The applicant did not waive his right to cancel, and the delay did not preclude cance…
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Standard Bank of SA Limited v Lantau Trading 365 (Pty) Limited and Others (07550/2019) [2019] ZAGPJHC 462 (8 October 2019)
The High Court confirmed cancellation of two finance agreements, authorised attachment of the financed assets, postponed damages, and ordered costs against the respondents.
Cancellation of time share agreement (201602-0006059) [2016] ZACGSO 9 (22 March 2016)
The Ombud recommended cancelling a timeshare agreement and refunding the deposit, less reasonable expenses, after finding the cancellation fell outside the cooling-off period.
Reid and Others v Greyling and Another (A245/2013) [2015] ZAGPPHC 1102 (7 August 2015)
The High Court upheld an appeal over cancellation of a share sale, finding the buyers did not prove a factual basis for invoking the contract’s risk-cancellation clause.
Edulis Mushroom Farms (Pty) Ltd and Others v Africa's Best 397 Ltd and Others (62198/14) [2015] ZAGPPHC 453 (23 June 2015)
The court found that the applicants failed to comply with the contractual procedure for cancellation, as they did not serve the notice of breach to the correct, amended domicilium address of the first respondent. The applicants' attempt to introduce new causes of action in reply was impermissible, as parties must rely on the grounds set out in their founding affidavits. The evidence supported the respondent's version that the required notice was not properly served, and thus, the cancellation of the agreements was ineffective. Consequently, the applicants were not entitled to the relief sough…
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Mbatha and Another v S & J Rademeyer (Pty) Ltd (79554/14) [2015] ZAGPPHC 293 (31 March 2015)
The court granted summary judgment for the plaintiffs after finding the defendant had no bona fide defence to a cancelled property sale agreement.
Jordan v Lowery (2249/2010) [2011] ZAECPEHC 17 (12 May 2011)
The court found that the respondent's right to occupy the property did not derive from habitatio but from her status as a non-paying tenant, as expressly stated in the addendum to the Deed of Sale. The respondent accepted the terms and conditions of the addendum, which clarified that no right of habitatio would be registered and that she would be regarded as a non-paying tenant with all associated rights and obligations. The respondent breached the agreement by failing to pay electricity charges and engaging in conduct inconsistent with tenancy, justifying the applicant's cancellation of the…
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Volkswagen Financial Services, A Division of Wesbank, A Division of Firstrand Bank Ltd v Gezwint (14552/2010) [2010] ZAWCHC 452 (31 August 2010)
The court found that the applicant had complied with the requirements of section 86(10) of the National Credit Act by sending notices to the defendant, his debt counsellor, and the National Credit Regulator more than 60 days after the debt review application. The subsequent institution of proceedings for recovery of the debt further terminated the debt review process. The defendant's argument that the notices only indicated an intention to terminate was rejected, as the notices clearly communicated termination. There is no prescribed form for such notice, and the facts align with Wesbank v Ma…
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SA Taxi Securitisation (Pty) Ltd v Nako and Others (19/2010, 21/2010, 22/2010, 77/2010, 89/2010, 104/2010, 842/2010) [2010] ZAECBHC 4 (8 June 2010)
The court found that the applicant had validly cancelled the credit agreements after the respondents fell into arrears and the statutory periods for debt review and notice had lapsed. The respondents' allegations of reckless credit were not supported by sufficient evidence, as they failed to provide details of their financial positions or demonstrate that the applicant had not taken reasonable steps to assess their ability to repay. The court held that pending debt review applications before the magistrate's court do not bar enforcement once the agreement is validly cancelled, and the Nationa…
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