South Africa Case Law

Van Wyk v Venter N.O and Others (21072/2019)

Van Wyk v Venter N.O and Others (21072/2019) [2025] ZAWCHC 197; [2025] 3 All SA 572 (WCC) (12 May 2025)

Court

Western Cape High Court, Cape Town

Case number

21072/2019

Judge

Moosa AJ

The court found that the plaintiff failed to establish a prima facie case for either unjustified enrichment or repayment of a loan. The documentary evidence, including WCP's financial records and signed annual financial statements, showed that the payments in question were credited to the plaintiff's loan account and not to the Trust. The oral agreements relied upon by the plaintiff were void for non-compliance with section 2(1) of the Alienation of Land Act, and there was no corroborating evidence of enrichment at the plaintiff's expense. The plaintiff's loan claim was further undermined by…

Source excerpt

• Absolution From The Instance
• Unjustified Enrichment
• Condictio Causa Data Causa Non Secuta
• Alienation Of Land Act
• Oral Contracts
• Loan Agreements

EBJ Mining Construction (Pty) Ltd v Hattingh (42/17)

EBJ Mining Construction (Pty) Ltd v Hattingh (42/17) [2017] ZANWHC 91 (23 November 2017)

Court

North West High Court, Mafikeng

Case number

42/17

Judge

Gutta

The High Court upheld an exception to a claim for unjust enrichment, finding the particulars vague and embarrassing because they did not link the expenses to the defendant's enrichment.

• Exception Procedure
• Unjust Enrichment
• Condictio Causa Data Causa Non Secuta
• Vague And Embarrassing Pleading
• Exception-procedure
• Vague-and-embarrassing-pleading