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South Africa decisions
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South African Council for Architectural Profession v O'Reilly and Another (28641/2019) [2025] ZAGPJHC 559 (2 June 2025)
The High Court postponed an enrichment trial sine die after finding the defendants were not ready to proceed because key documents had not been uploaded to Caselines.
Horwarth v Fargoworx Investments (Pty) Ltd and Another (685/2018) [2018] ZAECGHC 144 (1 November 2018)
The court granted leave to amend particulars of claim, holding the objections on enrichment, suretyship, and vagueness were too technical and not enough to refuse amendment.
Bosch Munitech (Pty) Ltd v Govan Mbeki Municipality (88360/2014) [2015] ZAGPPHC 1096; [2015] 4 All SA 674 (GP) (17 September 2015)
The court granted absolution from the instance, finding no valid contract because the tender acceptance formalities were not properly complied with.
Anderson v Bredenkamp N.O. (5469/2007) [2015] ZAFSHC 25 (8 January 2015)
The court found that the defendant failed to discharge the onus of proving that the plaintiff had actual or constructive knowledge of the facts necessary to sustain her enrichment claim prior to 15 November 2004. The evidence showed that the plaintiff only became aware of the invalidity of the Deed and the requirement for ministerial consent in 2006, after being locked out of her house and consulting attorneys. The plaintiff acted reasonably and with due diligence in acquiring the necessary knowledge, and there was no indication of negligent inaction. The probabilities favoured the plaintiff'…
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Black v Stroberg (8960/12) [2013] ZAKZPHC 16 (15 April 2013)
The court held that a deferred-payment arrangement arising from a sale was an incidental credit agreement, so the applicant did not need credit-provider registration.
Ian Wyles Auctionners CC v Gasa and Another (4045/2009) [2009] ZAKZDHC 33 (13 August 2009)
The court found that the first respondent acquired possession of the motor vehicle and other auctioned items by means of fraud, presenting a stolen and dishonoured cheque. The auction terms, signed by the first respondent, expressly provided that ownership and possession would only pass upon full payment by cash or bank guaranteed cheque. As payment was not made, the applicant retained a possessionary lien and ownership did not pass to the first respondent. The second respondent, although a bona fide purchaser, did not acquire good title because the first respondent had no title to pass. The…
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Redlex 226 (Pty) Ltd v Standard Bank of South Africa and Others [2008] ZAGPHC 449; 58/04/01 (7 November 2008)
The High Court dismissed an enrichment claim over a fraud-tainted bank suspense account, finding the factual basis for causation was not shown.
Marais v Van Deventer NO and Others (1671/07) [2008] ZANCHC 44 (26 September 2008)
The High Court upheld an exception to a trust’s conditional enrichment counterclaim concerning improvements to its own immovable property.
Strang Investments No.1 (Pty) Ltd and Ano v Bidvest Group Ltd and Others [2005] ZAGPHC 367; 68/02/01 (5 August 2005)
The court upheld a special plea and dismissed a dividend claim after finding the plaintiff had ceded its rights and could not recast the claim in enrichment.
D Soar h/a Rebuilds for Africa v JC Motors en 'n Ander (429/90) [1992] ZASCA 106; [1992] 2 All SA 302 (A) (1 June 1992)
The Appellate Division held that JC Motors need not sue the true owner to mitigate loss before claiming indemnity from its seller after eviction.
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