Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Humphries and Another v Import Export 2020 (Pty)Ltd (92006/2016) [2016] ZAGPPHC 805 (9 September 2016)
Leave to appeal was refused in a contract dispute over transfer registration, with the court holding that the respondent remained in mora and could not resist cancellation.
Van Wyk v Botha and Others (10808/2003) [2004] ZAWCHC 34; [2005] 2 All SA 320 (C) (7 December 2004)
The court found that clause 3 of the sale agreement was a contractual term, not a suspensive condition. The applicant's delay in signing transfer documents and paying costs was not unreasonable given the circumstances, and the respondent failed to prove that his conveyancer made a timely demand for performance that would have enabled transfer before the deadline. The respondent bore the onus to show entitlement to cancel and did not discharge it. Furthermore, the respondent's conduct after the alleged breach—accepting payment, continuing with transfer preparations, and accepting rental—consti…
Source excerpt
Explore more
