South Africa Case Law

Gumede and Others v Nyama and Chips CC and Another (2017/15168)

Gumede and Others v Nyama and Chips CC and Another (2017/15168) [2025] ZAGPJHC 26 (16 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2017/15168

Judge

Nico van der Walt

The court found that the exceptions raised by Mergence were unfounded. The allegations regarding the Tsakane store were irrelevant but did not detract from Nyama's core defence, which was based on denial of access to the Protea Point property. Nyama's plea was not mutually destructive, as it was entitled to suspend performance due to Mergence's repudiation prior to rental becoming due. Nyama properly pleaded fulfilment of contractual preconditions for deposit repayment. The lease agreement did not clearly exclude Nyama's claim for loss of profits, which could qualify as general damages in the…

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• Lease Agreement
• Repudiation
• Exceptions To Pleadings
• Deposit Repayment
• Loss Of Profits
• Remission Of Rent

Sheffield Industries CC v Carol Coetzee and Associates Inc and Another (23145/21)

Sheffield Industries CC v Carol Coetzee and Associates Inc and Another (23145/21) [2024] ZAGPPHC 801 (12 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

23145/21

Judge

Nharmuravate

The High Court held that the seller repudiated a property sale contract by selling the land to a third party without first offering it to the buyer.

• Breach Of Contract
• Repudiation
• Deposit Repayment
• Suspensive Condition
• Right Of First Refusal
• Breach-of-contract

Sinosa Tech (Pty) Ltd v Macla Mining (Pty) Ltd (2022/029115)

Sinosa Tech (Pty) Ltd v Macla Mining (Pty) Ltd (2022/029115) [2024] ZAGPJHC 624 (9 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/029115

Judge

C Todd

The court found that the Respondent failed to deliver the chrome ore as required under the amended agreement and did not dispute the essential terms or the amount paid by the Applicant. The Respondent's alleged counterclaim was illiquid, speculative, and unsupported by credible evidence, and its inertia in pursuing the claim undermined its bona fides. The Respondent did not establish any contractual right to retain the deposit, nor did it provide reasonable grounds for disputing its indebtedness. The Applicant discharged its onus to establish the Respondent's indebtedness on a prima facie bas…

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• Winding Up Of Company
• Counterclaim
• Breach Of Contract
• Unfair Competition
• Deposit Repayment

Christopher Charles Hughes v Nicolas Gargassoulas and Others (1030/2022)

Christopher Charles Hughes v Nicolas Gargassoulas and Others (1030/2022) [2024] ZASCA 46 (12 April 2024)

Court

Supreme Court of Appeal

Case number

1030/2022

Judges

Mothle, Molefe, Coppin

The Supreme Court of Appeal dismissed leave to appeal in a dispute over a sale agreement, finding no valid waiver of a suspensive condition.

• Agreement Of Sale
• Suspensive Condition
• Waiver Of Rights
• Deposit Repayment
• Locus Standi
• Waiver-of-rights

Thokan v Kriegler and Another (40781/2018)

Thokan v Kriegler and Another (40781/2018) [2022] ZAGPJHC 680 (13 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

40781/2018

Judge

EF Dippenaar

The court found that the suspensive condition in the sale agreement was not fulfilled by the due date, rendering the agreement null and void and entitling the plaintiff to repayment of the deposit under clause 6.5. The first defendant failed to prove that the plaintiff intentionally frustrated fulfilment of the condition; the evidence showed all parties sought to continue the agreement until the plaintiff decided to purchase another property. The doctrine of fictional fulfilment did not apply as there was no dolus. The estoppel defence failed because the plaintiff did not make a representatio…

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• Suspensive Condition
• Deposit Repayment
• Fictional Fulfilment
• Estoppel
• Waiver
• Contract Interpretation

Timasani (Pty) Ltd (in business rescue) and Another v Afrimat Iron Ore (Pty) Ltd (91/2020)

Timasani (Pty) Ltd (in business rescue) and Another v Afrimat Iron Ore (Pty) Ltd (91/2020) [2021] ZASCA 43; [2021] 3 All SA 843 (SCA) (13 April 2021)

Court

Supreme Court of Appeal

Case number

91/2020

Judges

Wallis, Schippers, Nicholls, Gorven, Unterhalter

The SCA held that Afrimat could recover a provisional deposit paid for assets of a company in business rescue because the money was not property of the company.

• Business Rescue
• Companies Act 71 Of 2008
• Moratorium On Legal Proceedings
• Deposit Repayment
• Non Joinder
• Creditor Notification

Sonqishe v Willy Black Motors (Pty) Ltd t/a Delmas Nissan (74042/2014)

Sonqishe v Willy Black Motors (Pty) Ltd t/a Delmas Nissan (74042/2014) [2015] ZAGPPHC 962 (11 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

74042/2014

Judge

H.J Fabricius

The court found that the applicant's evidence of payment via bank guaranteed cheques to the respondent's employees was undisputed and corroborated by documentary evidence. The respondent's defence, based on hearsay and unsupported allegations of fraud involving a third party, was rejected as implausible and inadmissible. The respondent was contractually obliged to deliver the vehicle or, upon cancellation, to repay the deposit. The respondent's failure to do so entitled the applicant to repayment with interest. The court further held that the respondent's conduct warranted a punitive costs or…

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• Contract Cancellation
• Deposit Repayment
• Inadmissible Hearsay
• Scope Of Employment

Royal Anthem Investments 129 (Pty) Ltd v Lau (941/2012)

Royal Anthem Investments 129 (Pty) Ltd v Lau (941/2012) [2014] ZASCA 19; 2014 (3) SA 626 (SCA) (26 March 2014)

Court

Supreme Court of Appeal

Case number

941/2012

Judges

Ponnan, Mhlantla, Leach, Mathopo, Mocumie

The Supreme Court of Appeal ordered repayment of a deposit and transfer duty paid for a failed land sale, holding the seller could not retain funds held by the conveyancer.

• Sale Of Immovable Property
• Deposit Repayment
• Transfer Duty
• Conveyancing Attorney Liability
• Sale-of-immovable-property
• Deposit-repayment

Mccarthy Ltd t/a Mccarthy Toyota Sinoville v Malekane (A563/2008)

Mccarthy Ltd t/a Mccarthy Toyota Sinoville v Malekane (A563/2008) [2012] ZAGPPHC 42 (22 February 2012)

Court

North Gauteng High Court, Pretoria

Case number

A563/2008

Judges

B.R. Southwood, M.W. Msimeki, H.J. Fabricius

The court found that the respondent failed to prove that the vehicle delivered was not new or that the alleged defects were sufficiently serious to justify cancellation of the contract. The evidence showed only a minor scratch, which was repaired, and other complaints were either vague, easily remedied, or not indicative of a second-hand vehicle. The respondent's evidence was inconsistent and lacked credibility, while the appellant's version was more probable. The breach, if any, was not serious enough to warrant cancellation and repayment of the deposit. Therefore, the magistrates' court err…

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• Contract Cancellation
• Sale Of Goods
• Malperformance
• Deposit Repayment

Botes v Cornelius (57343/2008)

Botes v Cornelius (57343/2008) [2010] ZAGPPHC 177 (15 June 2010)

Court

North Gauteng High Court, Pretoria

Case number

57343/2008

Judge

P C van der Byl

The court held that the parties mutually cancelled a truck-sale agreement and ordered the defendant to repay the R200,000 deposit with interest and costs.

• Contract Of Sale
• Deposit Repayment
• Oral Agreement
• Cancellation Of Contract
• Contract-law
• Deposit-repayment