South Africa Case Law

Nkosi and Another v Tuso Attorneys and Another (4957/22)

Nkosi and Another v Tuso Attorneys and Another (4957/22) [2024] ZAGPPHC 113 (6 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

4957/22

Judge

SST Kholong

The court found that material disputes of fact exist regarding whether the applicants authorised the first respondent to disburse R400,000 from the proceeds of the sale as damages for cancellation of the Birchleigh property purchase agreement. The evidence on affidavit is insufficient to resolve these disputes, particularly concerning the mandate, the validity of cancellation, and the application of clause 9.3 of the agreement. The court held that the dispute cannot be resolved on paper and, in the interests of justice, referred the matter to trial for oral evidence to determine whether the a…

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• Sale Of Immovable Property
• Breach Of Contract
• Declaratory Relief
• Dispute Of Fact
• Conveyancing
• Rouwkoop

Prioste v Edelstein Faber Grobler Inc and Another (2022 / 031631)

Prioste v Edelstein Faber Grobler Inc and Another (2022 / 031631) [2023] ZAGPJHC 666 (8 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022 / 031631

Judge

Moorcroft

The High Court dismissed a claim against conveyancers over sale proceeds from jointly owned property, holding that one joint owner could vary payment instructions for their own share.

• Mandate Of Conveyancer
• Joint Ownership
• Variation Of Instructions
• Trust Account Payments
• Mandate
• Joint-ownership

Safi v Gascoigne Randon and Associates (23052/2022)

Safi v Gascoigne Randon and Associates (23052/2022) [2023] ZAGPJHC 259 (6 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

23052/2022

Judge

MIA

The High Court dismissed an exception to particulars of claim in a cyber-fraud conveyancing dispute, holding the pleaded case was not vague or lacking material facts.

• Exception To Particulars Of Claim
• Negligence
• Professional Duty Of Care
• Cybercrime Liability
• Protection Of Personal Information Act
• Exception-to-particulars-of-claim

Boutina (Pty) Ltd v MEC for the Provincial Department of Human Settlements (Mpumalanga) and Another (4028/2021)

Boutina (Pty) Ltd v MEC for the Provincial Department of Human Settlements (Mpumalanga) and Another (4028/2021) [2022] ZAMPMBHC 76 (13 October 2022)

Court

Mbombela High Court, Mpumalanga

Case number

4028/2021

Judge

Roelofse AJ

The court held that payment to the appointed conveyancer did not discharge the department’s obligation, where the funds were misappropriated before reaching Boutina.

• Specific Performance
• Mandate
• Agency Liability
• Misappropriation Of Funds
• Conveyancing
• Contractual Obligations

Wexdent Properties CC v Vishal Junkeeparsad & Company Inc and Another (D6378/2021)

Wexdent Properties CC v Vishal Junkeeparsad & Company Inc and Another (D6378/2021) [2021] ZAKZDHC 48 (20 December 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

D6378/2021

Judge

Chetty

The court ordered an attorney to pay over sale proceeds retained in trust, holding that FICA did not justify withholding payment after transfer was registered.

• Attorney Trust Accounts
• Fica Compliance
• Specific Performance
• Punitive Costs
• Sale Of Immovable Property
• Fica-compliance

Abraham v Arkle and Others (2019/3591)

Abraham v Arkle and Others (2019/3591) [2021] ZAGPJHC 549 (18 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2019/3591

Judge

MJ Engelbrecht

The court found that the sale agreement required the applicant to pay the purchase price into the trust account of the conveyancer nominated by the respondents. The applicant complied with this obligation by making payment as stipulated. The respondents' argument that guarantees were required was not supported by the wording of the agreement, which had been amended to require payment of the purchase price by a specific date. The conveyancer was authorised by the sellers to accept payment and effect transfer, making him their agent for receipt of the purchase price. The fact that the conveyanc…

Source excerpt

• Specific Performance
• Sale Of Immovable Property
• Conveyancing
• Payment To Trust Account
• Interpretation Of Contracts

Verveen Incorporated and Another v Ngoma Trading CC and Another (27041/2014)

Verveen Incorporated and Another v Ngoma Trading CC and Another (27041/2014) [2019] ZAGPPHC 452 (23 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

27041/2014

Judge

Tuchten

The High Court held that the first defendant was liable for the plaintiffs’ agreed conveyancing fee, with interest and costs, and dismissed its special plea.

• Attorneys Fees
• Conveyancing
• Contractual Dispute
• Special Plea
• Fee Agreement
• Conveyancing-fees

Jurgens and Another v Volschenk (4067/18)

Jurgens and Another v Volschenk (4067/18) [2019] ZAECPEHC 41 (27 June 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

4067/18

Judge

B R Tokota

The High Court held a conveyancer liable for failing to verify suspicious bank details before paying sale proceeds, causing the applicants’ loss.

• Professional Negligence
• Conveyancing
• Duty Of Care
• Mandate Contract
• Damages
• Trust Account Liability

Law Society of the Northern Provinces v Makhetha (13090/2017)

Law Society of the Northern Provinces v Makhetha (13090/2017) [2017] ZAGPPHC 645 (27 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

13090/2017

Judges

TD Brenner, W Hughes

The High Court removed an attorney, notary and conveyancer from the roll after finding multiple misconduct breaches, including client-fund misappropriation.

• Removal From Roll Of Attorneys
• Unprofessional Conduct
• Misappropriation Of Trust Funds
• Failure To Comply With Statutory Obligations
• Disciplinary Proceedings
• Removal-from-roll

Tugh N.O and Others v Tlakula and Others (95954/2015)

Tugh N.O and Others v Tlakula and Others (95954/2015) [2017] ZAGPPHC 1255 (10 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

95954/2015

Judge

JJ Strijdom

The High Court ordered specific performance of a deed of sale for immovable property, found no abandonment by the buyers, and granted punitive costs against the sellers.

• Specific Performance
• Alienation Of Land Act Compliance
• Waiver Of Rights
• Conveyancing
• Punitive Costs
• Specific-performance