South Africa Case Law

Nienaaber N.O and Others v Nelson Attorneys and Another (2645/2011)

Nienaaber N.O and Others v Nelson Attorneys and Another (2645/2011) [2022] ZAECPEHC 4 (18 January 2022)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2645/2011

Judge

Rugunanan

The court found that the plaintiffs failed to plead and prove the element of wrongfulness required for delictual liability. The evidence established that the plaintiffs, particularly Van den Berg, initiated and negotiated the development transaction before Nelson Attorneys' involvement, understood the risks, and accepted the terms, including the security offered. The expert evidence was rejected as factually uninformed and irrelevant to the pleaded duty. Nelson Attorneys fulfilled the specific duties pleaded, and there was no evidence of negligent breach in the conveyancing process. The colla…

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• Duty Of Care
• Negligent Misrepresentation
• Conveyancer Liability
• Wrongfulness
• Foreseeability Of Harm
• Property Development Risk

Agu v Krige and Others (20763/2017)

Agu v Krige and Others (20763/2017) [2019] ZAWCHC 46 (28 March 2019)

Court

Western Cape High Court, Cape Town

Case number

20763/2017

Judge

Francis, AJ

The court found that the deed of sale expressly required the applicant to pay the purchase price to the first respondent's nominated conveyancer, who was appointed by the first respondent and acted as his agent for receiving payment. Payment to the conveyancer was therefore equivalent to payment to the seller, and the applicant discharged her contractual obligation by making such payment. The misappropriation of funds by the conveyancer did not affect the applicant's entitlement to transfer, as she had no control over the process after payment and had complied with all contractual requirement…

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• Specific Performance
• Agency In Property Transactions
• Conveyancer Liability
• Payment Discharge
• Sectional Title Transfer

Marneweck and Others v Shabalala and Others (A5030/13)

Marneweck and Others v Shabalala and Others (A5030/13) [2014] ZAGPJHC 85 (8 April 2014)

Court

South Gauteng High Court, Johannesburg

Case number

A5030/13

Judges

Monama, Moshidi, Louw

Appeal over property transfer held to be appealable; court found no genuine dispute of fact and set aside the dismissal of the motion.

• Registration Of Title
• Fraudulent Transfer
• Motion Proceedings
• Robust Approach
• Appealability Of Orders
• Conveyancer Liability

Rodel Financial Services (Pty) Ltd v Stupel & Berman Inc and Another (2011/43229)

Rodel Financial Services (Pty) Ltd v Stupel & Berman Inc and Another (2011/43229) [2013] ZAGPJHC 266 (28 October 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2011/43229

Judge

C. J. Claassen

The High Court held that a conveyancer’s undertaking to pay sale proceeds to a lender was irrevocable and enforceable, and entered judgment for Rodel.

• Bridging Finance
• Cession Of Claims
• Conveyancer Liability
• Tripartite Agreement
• Irrevocable Undertaking
• Contract Cancellation

Minister of Agriculture and Land Affairs and Another v De Klerk and Others (747/2012)

Minister of Agriculture and Land Affairs and Another v De Klerk and Others (747/2012) [2013] ZASCA 142; 2014 (1) SA 212 (SCA); [2014] 1 All SA 158 (SCA) (30 September 2013)

Court

Supreme Court of Appeal

Case number

747/2012

Judges

Navsa, Cachalia, Majiedt, Van der Merwe, Meyer

The SCA held that payment of the purchase price to the conveyancer did not discharge the purchaser, because the conveyancer was not the seller’s agent.

• Agency In Property Sale
• Payment Of Purchase Price
• Conveyancer Liability
• Breach Of Contract
• Interest On Purchase Price
• Fiduciary Duties