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South Africa decisions
Decisions matching the current search
Van Wyk v Venter NO and Others (Leave to Appeal) (21072/2019) [2025] ZAWCHC 272 (26 June 2025)
Leave to appeal was dismissed. The court held the plaintiff had not shown realistic prospects of success against absolution from the instance on enrichment and loan claims.
Rutega Education Services CC (South Africa) v Optimal Student Recruitment (Pty) Ltd (110609/2023) [2025] ZAGPPHC 87 (6 February 2025)
The High Court dismissed an exception challenging jurisdiction, holding that the enrichment claim was not contractual and that the court could hear it.
Harrison v Hattingh (4151/2022) [2024] ZAECMKHC 75 (25 June 2024)
The court found that the sale agreement was unenforceable due to the statutory prohibition on subdivision of agricultural land without ministerial consent. The lease agreement was valid, and the plaintiff paid R157,500 in terms of the lease, but only R136,000 was due as rental for the period of occupation. The plaintiff was entitled to repayment of the excess R21,500, including the deposit. Regarding improvements, the plaintiff incurred necessary expenses to make the property accessible and habitable, and the defendant was enriched at her expense without legal cause. The plaintiff was entitle…
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Nedbank Limited v Xanita (Pty) Limited (Previously Great Ideas Production Company (Pty) Limited) (885/2019) [2023] ZAWCHC 230 (1 September 2023)
Leave to appeal was refused in a banking dispute over demand guarantees, with the court holding the applicant had paid its own debt and shown no prospects of success.
Passano v Erasmus (82775/2015) [2023] ZAGPPHC 583 (16 January 2023)
The High Court held that the defendant’s occupation was lawful because she had a retention lien for improvements, and dismissed both claims with no costs order.
Serame and Another v Motshabi and Another (3605/2021) [2022] ZAFSHC 222 (5 September 2022)
The court found that no valid written agreement of sale existed between the applicants and the first respondent, as required by section 2(1) of the Alienation of Land Act. The respondent failed to discharge the onus of proving a valid sale agreement and thus had no right to claim transfer of the property. Her occupation was therefore unlawful. The respondent's enrichment claim was unsupported by sufficient evidence regarding the nature, timing, and value of improvements. The repayment claim for R70,000 was also found to have prescribed. The applicants complied with all procedural requirements…
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Moore v Van Goidsenhoven and Another (30515/2021) [2022] ZAGPPHC 534 (18 July 2022)
Application for an interim interdict over rental information and rental income was refused because no prima facie right, irreparable harm, or balance of convenience was shown.
Hill N.O and Another v Strauss (13523/2020) [2021] ZAGPJHC 77 (2 July 2021)
The High Court dismissed exceptions to a claim for specific performance and an alternative enrichment claim, holding that the pleading was legally sufficient.
Chris Vlok Property Services Tshwane CC v Gerber (49234/2020) [2021] ZAGPPHC 849 (24 June 2021)
The High Court dismissed an application for leave to appeal against an eviction order, finding no evidentiary basis for an enrichment defence and reserving costs.
Dawood v Khan and Others (9105/2021) [2021] ZAGPPHC 131 (8 March 2021)
An urgent interim interdict was granted to stop transfer of a Pretoria property pending action, after the court found a prima facie enrichment claim and risk of irreparable harm.
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