South Africa Case Law

Sol Plaatje Municipality v Technofin (Pty) Ltd (2230/2014;34/2020)

Sol Plaatje Municipality v Technofin (Pty) Ltd (2230/2014;34/2020) [2022] ZANCHC 14 (18 March 2022)

Court

Northern Cape High Court, Kimberley

Case number

2230/2014;34/2020

Judges

Mamosebo, Lever, Nxumalo

The appeal was upheld on the basis that the trial court erred in equating the quantum of enrichment to the contract price in the invalid lease agreement. The court found that the contract price is not the appropriate benchmark for determining enrichment under condictio sine causa, as it includes profit, which is not recoverable. The correct measure is the reasonable market value of the use and occupation of the equipment, which was established by expert evidence to be significantly less than the contract price. The court held that the quantum of enrichment is the lesser of the enrichment or i…

Source excerpt

• Unjust Enrichment
• Condictio Sine Causa
• Quantum Meruit
• Municipal Procurement
• Lease Agreement
• Equitable Relief

S v Claasen (410/2012)

S v Claasen (410/2012) [2012] ZAFSHC 231 (13 December 2012)

Court

Free State High Court, Bloemfontein

Case number

410/2012

Judges

D.I. Matlapeng, K.J. Moloi

On special review, the Free State High Court set aside a deemed conviction and sentence after an admission of guilt fine, and ordered the refund of the fine.

• Admission Of Guilt Fine
• Review Of Conviction
• Criminal Record
• Equitable Relief
• Admission-of-guilt-fine
• Criminal-review

Mills v Mills (13128/2006)

Mills v Mills (13128/2006) [2008] ZAWCHC 121 (11 December 2008)

Court

Western Cape High Court, Cape Town

Case number

13128/2006

Judge

Thring

A divorce-related partition dispute over jointly owned property. The court rejected the defendant’s alleged contribution agreement and ordered transfer of the plaintiff’s share for adjusted compensation.

• Partition Of Property
• Actio Communi Dividundo
• Equitable Relief
• Co-ownership
• Compensation For Improvements
• Actio-communi-dividundo