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South Africa decisions
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Fynn and Another v Subhash Maharaj and Company and Others (D4595/2024) [2025] ZAKZDHC 17 (5 May 2025)
Application for refund of a deposit after cancellation of a land-sale agreement dismissed on prescription and on disputed facts in motion proceedings.
Wilson v Du Toit Smuts and Partners Attorneys and Others (3985/2021) [2024] ZAMPMBHC 57 (27 August 2024)
The High Court held that a buyer’s claim to recover a deposit held in trust had not prescribed while the funds remained in the attorney’s trust account.
Panel to Panel Autorbody (Pty) Ltd v Capital Propfund (Pty) Ltd (2020/28981) [2024] ZAGPJHC 116 (7 February 2024)
The High Court upheld an exception to particulars of claim in a lease dispute, finding insufficient factual averments for refund claims tied to a deposit, tenant installation and rental.
J Space (Pty) Ltd v O-Yes Auctions CC (38603/2021) [2024] ZAGPJHC 32 (15 January 2024)
The Court found that neither the first nor the second offer to purchase was accepted by the Sellers within the stipulated confirmation period or in an unqualified manner. The Seller’s indication of willingness to accept a higher price constituted a counter-offer and rejection of the original offer. The purported acceptance of the second offer included material alterations and deletions, amounting to a counter-offer rather than acceptance. As a result, no valid sale agreement came into existence between the Applicant and the Sellers. The Respondent was not entitled to retain the Buyer’s Premiu…
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Bubu v Kay and Another (40591/2021) [2022] ZAGPJHC 779 (10 October 2022)
The High Court held that a property sale agreement was validly cancelled after the purchaser failed to pay the balance despite an extension.
Maharaj's Coach and Bus Hire CC v Dealership Middelburg Man (Pty) Ltd and Others (14058/2018P) [2022] ZAKZPHC 34 (10 August 2022)
The court found that the first defendant's repeated demand for payment of R420 000, when only R410 000 was contractually due, constituted a repudiation of the agreement. This conduct objectively indicated an unwillingness to perform according to the contract's terms. The plaintiff was entitled to cancel the agreement. However, the plaintiff failed to establish a legal basis for claiming damages for instalments, insurance premiums, and licence fees paid after cancellation, as these obligations did not persist once the agreement was cancelled and the bus was never delivered. The only recoverabl…
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Vela v Dos Santos (A3061/2018) [2019] ZAGPJHC 123 (28 March 2019)
The court held that the respondent was entitled to cancel the lease agreement due to the appellant's material breach in failing to provide full occupation of the premises, as required by the lease and common law. Clause 22, which purported to exclude cancellation, was found to be unconstitutional and unenforceable, as it conflicted with public policy and the Rental Housing Act. The respondent gave reasonable notice to remedy the breach, which the appellant failed to do. The inspection conducted by the respondent's representative and the appellant's housekeeper was deemed sufficient, and the a…
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De Castro and Another v Etienne Bedeker INC and Others (29794/2014) [2014] ZAGPPHC 1029 (9 December 2014)
The High Court dismissed an application to recover a R1 million deposit held by a conveyancer, finding repayment could not be ordered before the sale cancellation dispute was resolved.
Refusal to proceed until paid in full is unfair, unresonable and unjust: Supplier not liable to replace or refund (20131024923) [2014] ZACGSO 6 (15 January 2014)
The Ombud held that the consumer was bound by the signed contract and had to pay the balance before installation, unless the order was cancelled under the CPA.
Kruger v Hawkins (69695/2011) [2013] ZAGPPHC 494 (13 December 2013)
The court ordered repayment of a R250,000 deposit paid under an oral agreement, finding the defendant misrepresented the recipient and was liable with interest and costs.
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