South Africa Case Law

Du Toit and Others v Du Toit-Smuts & Partners and Another (4748/2021)

Du Toit and Others v Du Toit-Smuts & Partners and Another (4748/2021) [2023] ZAMPMBHC 22 (12 April 2023)

Court

Mbombela High Court, Mpumalanga

Case number

4748/2021

Judge

Mashile

The court found that the applicants’ claim for the return of the R25,000.00 reservation deposit had prescribed under the Prescription Act, as more than three years had elapsed since the debt became due, either from the date of demand or the conclusion of the contract. The deposit was paid into the trust account of the First Respondent as agent for the Second Respondent, and the correct party to sue was the Second Respondent, not the attorney. The applicants did not have a real right to the funds in the trust account, only a personal claim as trust creditors. The First Respondent was ethically…

Source excerpt

• Trust Account Liability
• Prescription Of Debt
• Attorney Ethics
• Deposit Recovery
• Agency Relationship
• Legal Practice Act

Best Boland Motors CC and Others v Gratima 130 CC (A481/2015)

Best Boland Motors CC and Others v Gratima 130 CC (A481/2015) [2016] ZAWCHC 125 (21 September 2016)

Court

Western Cape High Court, Cape Town

Case number

A481/2015

Judges

Gamble, Le Grange, Weinkove

The court struck a civil appeal from the roll and refused condonation, finding no prospects of success in a dispute over unlawful competition and related claims.

• Unlawful Competition
• Breach Of Contract
• Restraint Of Trade
• Damages Quantification
• Novation
• Deposit Recovery

Jansen NO and Others v Ringwood Investments 87 CC (59771/2009)

Jansen NO and Others v Ringwood Investments 87 CC (59771/2009) [2013] ZAGPPHC 129 (20 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

59771/2012

Judge

N V Khumalo

The court held that a trust sale of land was void ab initio because only one trustee signed without the written authority required by the trust deed and statute.

• Alienation Of Land Act
• Trustee Authority
• Void Contract
• Deposit Recovery
• Costs Order
• Alienation-of-land-act

Dusty Moon Investments 243 (Edms) Bpk v Saamstaan Eiendomme BK (9890/2007)

Dusty Moon Investments 243 (Edms) Bpk v Saamstaan Eiendomme BK (9890/2007) [2012] ZAGPPHC 336 (12 December 2012)

Court

North Gauteng High Court, Pretoria

Case number

9890/2007

Judge

N Janse Van Nieuwenhuizen

High Court held an amended condictio indebiti claim for repayment of a R114,000 deposit was not prescribed and ordered repayment with interest and costs.

• Condictio Indebiti
• Verjaring Act
• Sale Of Immovable Property
• Deposit Recovery
• Prescription
• Condictio-indebiti

Potgieter NO en Ander v Le Roux (A 247/11)

Potgieter NO en Ander v Le Roux (A 247/11) [2012] ZAWCHC 54 (20 February 2012)

Court

Western Cape High Court, Cape Town

Case number

A247/11

Judges

Henney, Louw

The High Court dismissed an appeal over repayment of a R100,000 deposit, holding the sellers had not validly cancelled the sale agreement or triggered forfeiture.

• Deposit Recovery
• Contract Cancellation
• Forfeiture Clause
• Burden Of Proof
• Contract-cancellation
• Deposit-recovery

Smith v Potgieter en Ander (48691/2007)

Smith v Potgieter en Ander (48691/2007) [2008] ZAGPHC 366 (24 July 2008)

Court

High Courts - Gauteng

Case number

48691/2007

Judge

Ebersohn

A High Court held that a land sale agreement was void ab initio, ordered repayment of deposits with interest, and directed each party to bear its own costs.

• Sale Of Land
• Suspensive Conditions
• Deposit Recovery
• Contract Nullity
• Sale-of-land
• Suspensive-conditions