South Africa Case Law

Uniting Presbyterian Church in SA and Another v Reformed Presbyterian Church in Southern Africa and Others (1438/2018)

Uniting Presbyterian Church in SA and Another v Reformed Presbyterian Church in Southern Africa and Others (1438/2018) [2019] ZASCA 129 (30 September 2019)

Court

Supreme Court of Appeal

Case number

1438/2018

Judges

Leach, Tshiqi, Zondi, Van der Merwe, Dolamo

The Supreme Court of Appeal held that the respondent, a breakaway group from the UPCSA, misrepresented its authority to the City, causing a material error in persona. As a result, no valid contract of sale for erf 546 came into existence. Applying the abstract theory of transfer, the court found that there was no real agreement to transfer and receive ownership, so ownership of erf 546 did not pass to the respondent despite registration. The UPCSA, as the successor to the RPCSA's property interests under the Basis of Union, had standing to challenge the transaction. The appellants provided a…

Source excerpt

• Transfer Of Ownership
• Error In Persona
• Abstract Theory Of Transfer
• Standing
• Condonation

Capvino Cash Loans CC v National Credit Regulator (NCT/76167/2017/140(1))

Capvino Cash Loans CC v National Credit Regulator (NCT/76167/2017/140(1)) [2017] ZANCT 137 (18 December 2017)

Court

National Consumer Tribunal

Case number

NCT/76167/2017/140(1)

Judge

Andisa Potwana

The Tribunal found that the applicant had shown good cause for condonation, considering the nature of the relief sought, the minimal delay, the lack of prejudice to the respondent, and the importance of the points in limine raised. While the prospects of success on the lis pendens and error in persona points were minimal, the legality of the investigation and complaint initiation raised material issues that could dispose of the main matter if upheld. The interests of justice required that the applicant be allowed to ventilate these points fully. The respondent did not oppose the application a…

Source excerpt

• Condonation
• Points In Limine
• Lis Pendens
• Investigation Legality
• Error In Persona

S Silver's Motor Spares and Accessories (Pty) Ltd. v Foursome Bearing CC (59/93)

S Silver's Motor Spares and Accessories (Pty) Ltd. v Foursome Bearing CC (59/93) [1994] ZASCA 6 (10 March 1994)

Court

Supreme Court of Appeal

Case number

59/93

Judges

Van den Heever, Van Heerden, Goldstone

The Appellate Division held that the company’s authorised employees placed valid orders with Foursome, and the appeal against the goods claim was dismissed.

• Contract Formation
• Error In Persona
• Consensus Ad Idem
• Agency
• Set Off
• Contract-formation