South Africa Case Law

Mosdell Pama & Cox v von Felbinger and Others (8771/10)

Mosdell Pama & Cox v von Felbinger and Others (8771/10) [2012] ZAWCHC 127 (1 February 2012)

Court

Western Cape High Court, Cape Town

Case number

8771/10

Judge

N J Yekiso

The court found that the oral waiver of the suspensive condition by the second claimant was invalid as it was not in writing and signed by both parties, as required by the non-variation clause. Consequently, the agreement initially lapsed due to non-fulfilment of the suspensive condition. However, the addendum signed by both parties on 29 April 2009 evidenced a clear intention to revive the lapsed agreement, and the parties' subsequent conduct confirmed this. The revived agreement was validly cancelled by the first claimant due to the second claimant's breach in failing to provide guarantees…

Source excerpt

• Alienation Of Land Act
• Interpleader Proceedings
• Contractual Suspensive Conditions
• Deposit Forfeiture
• Commission Entitlement

Pangbourne Properties Ltd v Pulse Moving CC and Another (2009/30282, 2009/37649)

Pangbourne Properties Ltd v Pulse Moving CC and Another (2009/30282, 2009/37649) [2010] ZAGPJHC 121; 2013 (3) SA 140 (GSJ) (19 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2009/30282, 2009/37649

Judge

W L Wepener

The applicant was entitled to cancel the lease agreement forthwith upon non-payment of the deposit, as provided in the agreement. The deposit became due and payable on 1 July 2009 when the first cheque was dishonoured. The respondents' defences regarding the need for mora, the suspensive condition, and undue hardship were rejected. The court found that the late filing of affidavits did not prejudice either party and, in the interests of justice, admitted all affidavits. The applicant was entitled to claim damages for holding over after cancellation, and the deposit could be retained until all…

Source excerpt

• Lease Agreement
• Deposit Forfeiture
• Holding Over Damages
• Late Filing Of Affidavits
• Specific Performance
• Attorney And Client Costs

Secrivest Twenty (Pty) Ltd v Nyubuse (514/07)

Secrivest Twenty (Pty) Ltd v Nyubuse (514/07) [2007] ZAECHC 91 (14 August 2007)

Court

High Courts - Eastern Cape

Case number

514/07

Judge

N Dambuza

The High Court granted eviction against an occupier who failed to provide the required guarantee for the purchase price balance under a sale agreement.

• Eviction
• Breach Of Contract
• Sectional Title Scheme
• Suspensive Condition
• Deposit Forfeiture
• Sale-of-land