South Africa Case Law

Oakwood Property Management Services (Pty) Limited and Others v Firefly Investments 287 (Pty) Limited (A5052/2019; 17439/2018)

Oakwood Property Management Services (Pty) Limited and Others v Firefly Investments 287 (Pty) Limited (A5052/2019; 17439/2018) [2020] ZAGPJHC 419 (28 April 2020)

Court

South Gauteng High Court, Johannesburg

Case number

A5052/2019; 17439/2018

Judges

Windell, Meyer, Twala

High Court appeal over enforcement of loan and guarantee obligations was dismissed after the court found the agreements valid and the set-off defence unavailing.

• Loan Agreement Enforcement
• Guarantee Liability
• Set Off Defence
• Contractual Conditions Precedent
• Loan-agreement-enforcement
• Guarantee-liability

Bothongo Agriculture (Pty) Ltd v Kerbyland (Pty) Ltd and Others (18781/2018)

Bothongo Agriculture (Pty) Ltd v Kerbyland (Pty) Ltd and Others (18781/2018) [2019] ZAGPJHC 42 (22 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

18781/2018

Judge

Weiner

The court dismissed an application for transfer of property after a right of first refusal was exercised and the sale agreement lapsed on an unmet condition.

• Right Of First Refusal
• Specific Performance
• Unfair Discrimination
• Section 9 Constitution
• Contractual Conditions Precedent
• Misrepresentation

Sekepe Investments Pty Ltd and Others v Government Employees Pension Fund and Another (2643/2018)

Sekepe Investments Pty Ltd and Others v Government Employees Pension Fund and Another (2643/2018) [2018] ZAGPPHC 785 (15 October 2018)

Court

North Gauteng High Court, Pretoria

Case number

2643/2018

Judge

C.P. Rabie

The court dismissed a claim for specific performance under shareholder and loan agreements because the applicants had not satisfied contractual conditions precedent.

• Specific Performance
• Shareholders Agreement
• Loan Facility
• Contractual Conditions Precedent
• Exceptio Non Adimpleti Contractus
• Specific-performance

Patel v Dorasamy (2015/41464)

Patel v Dorasamy (2015/41464) [2017] ZAGPJHC 412 (22 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2015/41464

Judge

Mokose

The High Court dismissed an application to rescind a default judgment, finding the applicant was in wilful default and had not shown a bona fide defence.

• Rescission Of Judgment
• Default Judgment
• Contractual Conditions Precedent
• Waiver Of Contractual Rights
• Rescission-of-judgment
• Default-judgment

Joonus v BP South Africa (Pty) Ltd and Others (13364/2012)

Joonus v BP South Africa (Pty) Ltd and Others (13364/2012) [2013] ZAWCHC 16 (28 January 2013)

Court

Western Cape High Court, Cape Town

Case number

13364/2012

Judge

Gamble

The High Court dismissed an urgent application involving BP's refusal to approve a franchisee, holding that PAJA and PAIA did not apply and fictional fulfillment was not established.

• Contractual Conditions Precedent
• Doctrine Of Fictional Fulfillment
• Administrative Action Definition
• Promotion Of Access To Information Act
• Costs De Bonis Propriis
• Fictional-fulfillment

Meintjes v Government of the Republic of South Africa (305/2011)

Meintjes v Government of the Republic of South Africa (305/2011) [2012] ZASCA 172 (28 November 2012)

Court

Supreme Court of Appeal

Case number

305/2011

Judges

Lewis, Ponnan, Mhlantla, Shongwe, Erasmus

The Supreme Court of Appeal held that the appellant did not possess a personal right in land at the time of expropriation. The deed of sale and related agreements contemplated transfer to companies formed or to be formed, not to the appellant personally. The contractual conditions precedent, including registration of companies and provision of guarantees, had not been fulfilled at the time of expropriation, rendering the contract inchoate and unenforceable. The appellant acted only in a representative capacity and did not acquire any direct entitlement to the land. Consequently, he failed to…

Source excerpt

• Restitution Of Land Rights Act
• Right In Land
• Racially Discriminatory Expropriation
• Equitable Redress
• Contractual Conditions Precedent

Dalbock and Another v Holleran and Others (72560/2009)

Dalbock and Another v Holleran and Others (72560/2009) [2011] ZAGPPHC 23 (4 February 2011)

Court

North Gauteng High Court, Pretoria

Case number

72560/2009

Judge

SS Omar

The court granted an interim interdict suspending execution of a writ and stopping the sale of shares, pending proceedings to set the writ aside.

• Interim Interdict
• Rectification Of Contract
• Writ Of Execution
• Sale Of Shares
• Contractual Conditions Precedent
• Interim-interdict

Independent Petroleum Group v Energy for Africa (28244/08)

Independent Petroleum Group v Energy for Africa (28244/08) [2009] ZAGPPHC 336 (26 May 2009)

Court

North Gauteng High Court, Pretoria

Case number

28244/08

Judge

Hartzenberg

The High Court dismissed a liquidation application, finding the respondent had raised a bona fide defence based on an alleged condition precedent and foreign-law clause.

• Company Liquidation
• Contractual Conditions Precedent
• Choice Of Law
• Bona Fide Defence
• Company-liquidation
• Bona-fide-defence

Aviation Insurance Company of Africa Ltd. v Smit (152/84)

Aviation Insurance Company of Africa Ltd. v Smit (152/84) [1984] ZASCA 143 (27 November 1984)

Court

Supreme Court of Appeal

Case number

152/84

Judges

Miller, Van Heerden, Wessels, Galgut, Vivier

Appeal over aviation insurance liability dismissed after the court found no proven breach of flight warranty, airworthiness obligations, or due diligence duties.

• Insurance Policy Warranties
• Aviation Accident Claims
• Burden Of Proof
• Negligence
• Due Diligence
• Contractual Conditions Precedent