South Africa Case Law

Mungur v Minister of Rural Development and Land Reform (478/2011)

Mungur v Minister of Rural Development and Land Reform (478/2011) [2014] ZAECPEHC 86 (11 December 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

478/2011

Judge

RWN Brooks

The court held that the correspondence between the parties identified the purchaser, seller, property, and purchase price with sufficient accuracy to satisfy the essentialia of a contract for the sale of land. The absence of a written term specifying the method of payment does not invalidate the agreement, as the common law position—cash payment against transfer—applies unless the parties expressly agree otherwise. There was no evidence of any agreement to deviate from the common law position. Therefore, the correspondence constitutes a valid deed of alienation under section 2(1) of the Alien…

Source excerpt

• Alienation Of Land Act
• Deed Of Alienation
• Essentialia Of Contract
• Method Of Payment
• Contractual Formalities

Nelson Mandela Bay Metropolitan Municipality v African Catholic Church and Others (2957/09)

Nelson Mandela Bay Metropolitan Municipality v African Catholic Church and Others (2957/09) [2010] ZAECPEHC 45 (4 May 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2957/09

Judge

N Dambuza

The High Court held that several land-sale agreements were invalid because they omitted essential written terms required by the Alienation of Land Act.

• Alienation Of Land Act
• Formalities Of Contract
• Invalidity Of Sale Agreement
• Essentialia Of Contract
• Rectification
• Extrinsic Evidence

Global Telematics South Africa (Pty) Ltd v Versitrade 540 (Pty) Ltd t/a Southern Transport (2192/07)

Global Telematics South Africa (Pty) Ltd v Versitrade 540 (Pty) Ltd t/a Southern Transport (2192/07) [2010] ZAECPEHC 83 (16 March 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2192/07

Judge

Mageza

The court held that the principal telematics agreement and order confirmation formed a valid binding contract, despite the plaintiff’s missing signature on one copy.

• Contract Formation
• Essentialia Of Contract
• Written Vs Verbal Contract
• Signature Requirement
• Breach Of Contract
• Contract-formation

Theunissen and Others v Transvaal Lewendehawe Kooperasie Bpk. (209/86)

Theunissen and Others v Transvaal Lewendehawe Kooperasie Bpk. (209/86) [1987] ZASCA 93; [1988] 1 All SA 289 (A) (22 September 1987)

Court

Supreme Court of Appeal

Case number

209/86

Judges

Grosskopf, Corbett, Viljoen, Van Heerden, Vivier

The appellate court held that a multi-page bundle, read as a whole, satisfied the written requirements for suretyship and dismissed the exception.

• Suretyship
• Essentialia Of Contract
• Exception Procedure
• General Amendment Act 1956
• Identification Of Creditor
• Contract-formalities

Schoemaker v Lochner and Another (158/84)

Schoemaker v Lochner and Another (158/84) [1984] ZASCA 124 (1 November 1984)

Court

Supreme Court of Appeal

Case number

158/84

Judges

Kotze, Miller, Van Heerden, Galgut, Smalberger

The Appellate Division held that a blank in a share-sale contract did not void the agreement and rejected a section 38(1) Companies Act illegality defence.

• Contract Construction
• Essentialia Of Contract
• Financial Assistance For Share Purchase
• Companies Act Section 38
• Specific Performance
• Contract-construction