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South Africa decisions
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Moreira v Zimbali Estate Management Association (RF) NPC and Others (D7924/24) [2025] ZAKZDHC 10 (13 March 2025)
The High Court held that the estate’s MOI arbitration provisions were not vague, the court would not decide the timing dispute, and the application was dismissed with costs.
TFM Holdings (Pty) Ltd and Others v Specialised Vehicle Manufacturer (Pty) Ltd and Others (2022/050939) [2023] ZAGPJHC 391 (28 April 2023)
The court found that the MOA was not void for vagueness. The language of the MOA, when interpreted in light of the context and purpose, indicated that the parties intended to sell all assets and liabilities necessary for the businesses to operate, except those specifically excluded. The MOA was not a mere agreement to agree in future, but a binding sale agreement. The implementation date, though ambiguously worded, was sufficiently determinable and did not render the contract void. The liquidation of TFM Industries did not extinguish the MOA, as partial performance remained possible and SVM h…
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Koster v Industrial Zone Limited and Others (25767/2006) [2021] ZAGPJHC 52 (16 February 2021)
The High Court refused leave to appeal, finding no reasonable prospects of success and holding that the plaintiff’s vagueness argument on clause 22.3 was not enough.
Kingswood Golf Estate (Pty) Ltd v Witts-Hewinson and Another (223/2013) [2013] ZASCA 187; [2014] 2 All SA 35 (SCA) (29 November 2013)
The Supreme Court of Appeal held that a vague clubhouse clause in a deed of sale was unenforceable and could not be supplemented by a later newsletter.
Riverspray Lifestyle Estate (Pty) Ltd v Auby (61073/2009) [2010] ZAGPPHC 99 (1 September 2010)
The High Court dismissed a seller’s claim for specific performance over an off-plan sale, finding the bond suspensive condition was not met and the contract unenforceable.
Whyte v Couto (1) (388/82) [1985] ZASCA 81 (13 September 1985)
Sale-of-business appeal on a suspensive lease condition. The court held the clause was valid, but the condition was not fulfilled and not fictionally fulfilled.
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