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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 728

Sheriff of the High Court, Halfway-Alexandra v Maepa (13604/2022)

Sheriff of the High Court, Halfway-Alexandra v Maepa (13604/2022) [2025] ZAGPPHC 728 (11 July 2025)

The High Court set aside a sale in execution after the purchaser failed to pay the balance and comply with the conditions of sale under Rule 46(11).

  • Sale In Execution
  • Breach Of Conditions Of Sale
  • Rule 46 Application
  • Cancellation Of Contract
  • Judgment Creditor Rights
  • Sale-in-execution
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Commercial And Corporate [2024] ZAGPJHC 546

Standard Bank of South Africa Limited v Anix Trading 587 CC and Another (22690-2022)

Standard Bank of South Africa Limited v Anix Trading 587 CC and Another (22690-2022) [2024] ZAGPJHC 546 (7 June 2024)

The applicant proved ownership of the four assets and that the respondents remained in possession after cancellation of the agreements due to breach. The respondents failed to demonstrate that all amounts due under the agreements were paid or that ownership had passed. The jurisdictional requirements for rei vindicatio were met. The respondents' argument that granting relief would be unfair was unsupported by fact or law. The applicant was entitled to confirmation of cancellation and repossession of the assets. The interlocutory application for consolidation was dismissed as a delaying tactic.

  • Rei Vindicatio
  • Instalment Sale Agreement
  • Suretyship
  • Cancellation Of Contract
  • Repossession Of Assets
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Land And Property [2023] ZAMPMHC 25

Herman Steyn Erfgename CC and Another v Mdau N.O and Others (2687/23)

Herman Steyn Erfgename CC and Another v Mdau N.O and Others (2687/23) [2023] ZAMPMHC 25 (31 July 2023)

The court found that although the sale agreements may have been cancelled, the applicants had granted the respondents permission to occupy the properties pending payment of occupational rent. The continued occupation by the respondents, in light of this permission and ongoing negotiations, does not amount to trespass. The applicants failed to demonstrate irreparable harm, as they retain ownership and possession of the purchase price, and have alternative remedies such as damages and eviction proceedings under clause 16.2. The requirements for an urgent interim interdict were not satisfied, an…

  • Sale Of Immovable Property
  • Occupational Rent
  • Cancellation Of Contract
  • Eviction Proceedings
  • Interim Interdict
  • Trespass
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Family And Children [2023] ZAMPMBHC 28

S.S v Y.S (4165/2022)

S.S v Y.S (4165/2022) [2023] ZAMPMBHC 28 (15 May 2023)

The High Court confirmed cancellation of a post-divorce verbal agreement, ordering sale and transfer of the property and rejecting a PIE eviction argument.

  • Enforcement Of Settlement Agreement
  • Division Of Assets
  • Cancellation Of Contract
  • Set Off
  • Motion Proceedings
  • Eviction Vs Enforcement
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Land And Property [2023] ZAFSHC 129

Walsun Motordienste CC v Combrink N.O. and Others (A63/2022)

Walsun Motordienste CC v Combrink N.O. and Others (A63/2022) [2023] ZAFSHC 129 (14 April 2023)

Appeal dismissed in a lease dispute over a fuel station retail licence, with the court upholding cancellation and ejectment for failure to obtain the required licence.

  • Lease Agreement
  • Retail License
  • Repudiation
  • Implied Terms
  • Cancellation Of Contract
  • Lease-agreement
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Civil Procedure [2022] ZAGPJHC 348

Arrowgem Ltd v ALCM Solution (Pty) Ltd (8942/2021)

Arrowgem Ltd v ALCM Solution (Pty) Ltd (8942/2021) [2022] ZAGPJHC 348 (17 May 2022)

The High Court granted summary judgment for arrear rental and charges under a lease, but sent the damages claim for early cancellation to trial.

  • Summary Judgment
  • Lease Agreement
  • Arrear Rental
  • Damages
  • Cancellation Of Contract
  • Summary-judgment
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Land And Property [2022] ZAGPJHC 540

Galloptic Trade Investment (15) PTY Ltd v Groenewald And Others (9333/2020)

Galloptic Trade Investment (15) PTY Ltd v Groenewald And Others (9333/2020) [2022] ZAGPJHC 540 (20 April 2022)

The High Court held that the respondents had actual knowledge of transfer, so the contract was properly cancelled and eviction was granted.

  • Eviction
  • Cancellation Of Contract
  • Sale Of Land
  • Specific Performance
  • Cancellation-of-contract
  • Sale-of-land
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Commercial And Corporate [2021] ZAGPPHC 843

Standard Bank of South Africa Limited: Vehicle & Asset Finance Division v Jawiklane (Pty) Ltd (A137/2019)

Standard Bank of South Africa Limited: Vehicle & Asset Finance Division v Jawiklane (Pty) Ltd (A137/2019) [2021] ZAGPPHC 843 (2 December 2021)

High Court appeal confirming cancellation of seven instalment sale agreements after breach notices were served and the respondent failed to cure default.

  • Instalment Sale Agreements
  • Cancellation Of Contract
  • Mora
  • Return Of Goods
  • Notice Of Demand
  • Instalment-sale-agreements
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Banking And Finance [2021] ZAGPJHC 571

Nedbank Ltd (MFC Division) v Van Rensburg (2020/17846)

Nedbank Ltd (MFC Division) v Van Rensburg (2020/17846) [2021] ZAGPJHC 571 (19 October 2021)

The court found that the plaintiff, Nedbank Ltd (MFC Division), was the correct party to institute proceedings as MFC is a division and not a separate legal entity. The deponent to the plaintiff's affidavit had the necessary authority and personal knowledge. The defendant admitted the existence and terms of the instalment sale agreement, and his attempt to recharacterise it as a loan was unfounded. The defendant failed to establish any bona fide defence or triable issue, as his contentions regarding a moratorium, calculation of arrears, and addition of legal costs were unsupported by evidence…

  • Instalment Sale Agreement
  • Summary Judgment
  • National Credit Act
  • Cancellation Of Contract
  • Jurisdiction
  • Bona Fide Defence
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Administrative Law [2021] ZAFSHC 72

Rankethoa Construction v Setsoto Local Municipality (5881/2019)

Rankethoa Construction v Setsoto Local Municipality (5881/2019) [2021] ZAFSHC 72 (8 March 2021)

The High Court reviewed and set aside Setsoto Local Municipality’s resolution cancelling a property sale and retendering the site, holding the decision unlawful.

  • Promotion Of Administrative Justice Act
  • Municipal Decision Review
  • Deed Of Sale Breach
  • Cancellation Of Contract
  • Administrative-law
  • Judicial-review
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.