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South Africa decisions
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Ramoromisi v Tshabangu Attorneys and Others (A345/23) [2024] ZAGPPHC 1136 (6 November 2024)
Appeal dismissed after the High Court upheld absolution from the instance in a contract claim based on an alleged oral and WhatsApp agreement.
Kgoele v Key Results Properties (Pty) Ltd and Others (94127/2016 ; 64481/2017) [2024] ZAGPPHC 675 (1 July 2024)
The court found that property transfer documents were induced by fraudulent misrepresentation, rescinded the eviction order, and restored title to the applicant.
Metcash Trading Africa (Pty) Ltd v Wehliye (22/22035) [2024] ZAGPJHC 80 (1 February 2024)
Summary judgment was granted for unpaid purchase price under a sale of business agreement after the defendant failed to disclose a bona fide defence.
Vallaro v Road Accident Fund (21562/18) [2020] ZAGPJHC 140; 2021 (4) SA 302 (GJ) (17 June 2020)
The court held that the contingency fee agreement signed by the severely mentally disabled claimant was void ab initio due to his lack of contractual capacity. The curatrix ad litem, appointed after the agreement was signed, could not ratify the agreement because a void contract cannot be revived or validated by subsequent ratification. The legal foundation for contracts requires both parties to have capacity to contract, and where this is absent, no valid agreement comes into existence. The practice of curators ratifying such agreements is based on a misunderstanding of the law, which only a…
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Lombaard t/a De Oudekraal Country Estate & Spa v Bloemfontein Staalwerke (Pty) Ltd t/a Van Tonder Staalkonstruksies (A153/2019) [2020] ZAFSHC 29 (18 February 2020)
The High Court upheld an appeal and granted absolution of the instance after finding the plaintiff failed to prove the defendant was the contracting party.
Standard Bank of South Africa Limited v McCrae (21128/2015) [2019] ZAGPJHC 206 (25 June 2019)
The respondent failed to discharge the onus of proving that she lacked contractual capacity at the time of signing the deed of suretyship. Her version was inconsistent, shifting from recalling the signing to claiming no recollection, and was not supported by factual evidence from the prescribing doctors or Robert, who could have corroborated her state of mind and medication use. The expert evidence presented by the respondent was theoretical and lacked a factual foundation, rendering it insufficient to establish incapacity. The applicant's evidence, including Padayachee's testimony and docume…
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Herman v Oosthuizen (16 793/2013) [2015] ZAWCHC 34 (26 March 2015)
High Court held the defendant bound by a signed fee mandate and rejected defences of mistake and unsound mind, ordering payment of legal fees and costs.
SA and Another v IO and Another (82202/2014) [2014] ZAGPPHC 953 (8 December 2014)
The High Court confirmed a surrogate motherhood agreement and authorised artificial fertilisation under the Children’s Act after finding statutory compliance.
Smit v Pretorius and Others (33801/2001) [2014] ZAGPPHC 632 (20 August 2014)
High Court dismissed a buyer’s claim to compel transfer of land because the sale agreement failed to identify the second respondent, making it void under the Alienation of Land Act.
Ford v Alphera Financial Services (A Division of BMW Financial Services) South Africa (Pty) Ltd (20932/10) [2012] ZAWCHC 185 (20 November 2012)
The court found that the applicant failed to show good cause for rescission of the default judgment. The explanation for default was accepted, but the alleged defences lacked substance. The objection to locus standi was dismissed as semantic, since the underlying company was clearly identified and the citation as a division did not affect the respondent's capacity to sue. The plea of res judicata was rejected because the magistrate's court did not decide the merits but only upheld an exception based on citation. The applicant did not demonstrate a bona fide defence, as he had not performed hi…
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