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South Africa decisions
Decisions matching the current search
Highflyer Properties (PTY) td v Franchkings (PTY) Ltd (40462/2019) [2022] ZAGPJHC 612 (29 August 2022)
High Court held the defendant repudiated a commercial lease, dismissed its deposit counterclaim, and found the plaintiff proved liability for damages.
Mamathuba v Nisch (0041888/16) [2017] ZAGPJHC 365 (24 November 2017)
The court found that the applicant was not misled regarding the subdivision status of the property, as evidenced by the attached plan and subsequent correspondence. Even if there had been a misrepresentation, the applicant elected to enforce the agreement by signing the addendum, thereby waiving any right to rescind. The property was adequately described in the sale agreement, and the subdivision had been approved, making the property capable of sale. The requirements of section 2(1) of the Alienation of Land Act were met, and the agreement was valid. The respondent was entitled to retain the…
Source excerpt
Sheriff of the High Court Johannesburg South v Kalala, In Re: Standard Bank of South Africa Ltd v Nsele and Others (22740/2013) [2015] ZAGPPHC 306 (13 May 2015)
The court cancelled a sale in execution after the purchaser failed to provide guarantees, held the deposit could be retained pending loss quantification, and ordered costs against the respondent.
Sheriff of the High Court, Johannesburg East v Chetty and Others; InRe: Firstrand Bank Limited T/A FNB Home Loans (Formerly First National Bank of Southern Africa Limited v Chetty and Another (2009/3673) [2014] ZAGPJHC 352 (27 March 2014)
High Court application under Rule 46(11) to cancel a sale in execution was dismissed for non-compliance with procedural requirements and invalid municipal debt estimates.
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