South Africa Case Law

Navigare Securities (Pty) Limited and Another v Vickers and Peters Financial Planning (Pty) Ltd and Another (29108/22)

Navigare Securities (Pty) Limited and Another v Vickers and Peters Financial Planning (Pty) Ltd and Another (29108/22) [2024] ZAGPPHC 1344 (13 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

29108/22

Judge

Kubushi

The High Court dismissed an exception to amended particulars of claim in a group life insurance dispute, finding the pleaded case sufficiently disclosed issues for trial.

• Insurance Contracts
• Group Life Policy
• Exception Procedure
• Locus Standi
• Condition Precedent
• Fictional Fulfilment

Thokan v Kriegler and Another (40781/2018)

Thokan v Kriegler and Another (40781/2018) [2022] ZAGPJHC 680 (13 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

40781/2018

Judge

EF Dippenaar

The court found that the suspensive condition in the sale agreement was not fulfilled by the due date, rendering the agreement null and void and entitling the plaintiff to repayment of the deposit under clause 6.5. The first defendant failed to prove that the plaintiff intentionally frustrated fulfilment of the condition; the evidence showed all parties sought to continue the agreement until the plaintiff decided to purchase another property. The doctrine of fictional fulfilment did not apply as there was no dolus. The estoppel defence failed because the plaintiff did not make a representatio…

Source excerpt

• Suspensive Condition
• Deposit Repayment
• Fictional Fulfilment
• Estoppel
• Waiver
• Contract Interpretation

Afgri Operations (Pty) Ltd v Oberholzer and Others (1306/2020)

Afgri Operations (Pty) Ltd v Oberholzer and Others (1306/2020) [2022] ZAWCHC 6 (10 February 2022)

Court

Western Cape High Court, Cape Town

Case number

1306/2020

Judge

P.A.L. Gamble

The High Court dismissed an exception to a plea and counterclaim arising from a commission agreement and a sale of land, holding the pleaded defence and fictional fulfilment claim were legally tenable.

• Agency Commission
• Integration Rule
• Fictional Fulfilment
• Contractual Interpretation
• Suspensive Conditions
• Civil-procedure-exception

Pine Glow Investments (Pty) Ltd t/a Caltex Mpumalanga North Branded Marketer v Bushbuckridge Convenience Centre (Pty) Ltd and Others (3295/2021)

Pine Glow Investments (Pty) Ltd t/a Caltex Mpumalanga North Branded Marketer v Bushbuckridge Convenience Centre (Pty) Ltd and Others (3295/2021) [2021] ZAMPMBHC 43 (22 September 2021)

Court

Mbombela High Court, Mpumalanga

Case number

3295/2021

Judge

Roelofse AJ

Urgent lease dispute over a planned fuel station. The High Court granted interim relief stopping construction and referred the suspensive-condition issue to oral evidence.

• Interim Interdict
• Lease Agreement
• Suspensive Conditions
• Specific Performance
• Urgent Application
• Fictional Fulfilment

Dolberg Asset Finance Ltd v Dolberg South Africa (Pty) Ltd (2020/25831)

Dolberg Asset Finance Ltd v Dolberg South Africa (Pty) Ltd (2020/25831) [2021] ZAGPPHC 610 (20 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

2020/25831

Judge

van der Westhuizen

The High Court dismissed an application to enforce a guarantee because SARB approval, a suspensive condition, was refused and the respondent had applied for it.

• Guarantee Enforcement
• Exchange Control
• Suspensive Condition
• Fictional Fulfilment
• Locus Standi
• Guarantee-enforcement

Mahikeng Local Municipality v Famate Infocast (Pty) Limited (CIV APP FB 11/2019)

Mahikeng Local Municipality v Famate Infocast (Pty) Limited (CIV APP FB 11/2019) [2020] ZANWHC 24 (26 March 2020)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 11/2019

Judges

R D Hendricks, P L Nobanda, B R Nonyane

The High Court held that no binding municipal contract existed because the SLA was never signed and statutory writing requirements were not met.

• Municipal Contracting
• Oral Agreement Enforceability
• Public Finance Management Act
• Municipal Finance Management Act
• Fictional Fulfilment
• Contractual Repudiation

Strategic Environmental Focus (Pty) Ltd v GIS Global Image (Pty) Ltd (A374/2015)

Strategic Environmental Focus (Pty) Ltd v GIS Global Image (Pty) Ltd (A374/2015) [2016] ZAGPPHC 970 (24 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

A374/2015

Judges

Kollapen, W RC Prinsloo, S Pmothle

The court found that clause 1.3 of the contract did not create a condition suspending the appellant's liability to pay the respondent, but rather constituted a time clause postponing payment. The respondent had rendered its services satisfactorily and was entitled to payment. The appellant's liability was not contingent upon receipt of payment from its client. The doctrine of fictional fulfilment applied, as the event stipulated in the clause (receipt of payment from the client) would not arrive due to the appellant's election not to pursue payment. Even if the interpretation was incorrect, t…

Source excerpt

• Contract Interpretation
• Contra Proferentem Rule
• Time Clause Vs Condition
• Fictional Fulfilment

City of Tshwane Metropolitan Municipality v Borwa Construction CC, In re: Borwa Construction CC v City of Tshwane Metropolitan Municipality and Another (87025/14)

City of Tshwane Metropolitan Municipality v Borwa Construction CC, In re: Borwa Construction CC v City of Tshwane Metropolitan Municipality and Another (87025/14) [2016] ZAGPPHC 1017 (10 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

87025/14

Judge

Hughes

The High Court dismissed a rescission application, finding the applicant was in wilful default and that the earlier order was not erroneously granted.

• Rescission Of Judgment
• Wilful Default
• Fictional Fulfilment
• Contractual Performance
• Retention Monies
• Rescission-of-judgment

Van Den Blink Properties CC v Erasmus N.O and Another (2557/2012)

Van Den Blink Properties CC v Erasmus N.O and Another (2557/2012) [2014] ZAFSHC 182 (26 August 2014)

Court

Free State High Court, Bloemfontein

Case number

2557/2012

Judge

Motloung AJ

The court found that the plaintiff was orally mandated to find a lessee for the defendant's property and executed this mandate by introducing SALGA, which ultimately leased the premises. Although the plaintiff's agent did not hold a valid Fidelity Fund certificate at the time of the initial mandate, the certificate was obtained before substantial work was performed and before the lease agreement was concluded. In line with Taljaard v TL Botha Properties, the absence of the certificate at the mandate's inception did not invalidate the contract, but commission could only be enforced once the ce…

Source excerpt

• Estate Agent Commission
• Oral Mandate
• Fidelity Fund Certificate
• Effective Cause
• Lease Agreement
• Fictional Fulfilment

Mogale Alloys (Pty) Ltd v Nuco Chrome Bophuthatswana (Pty) Ltd and Others (2008/13094)

Mogale Alloys (Pty) Ltd v Nuco Chrome Bophuthatswana (Pty) Ltd and Others (2008/13094) [2011] ZAGPJHC 12; 2011 (6) SA 96 (GSJ) (11 March 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2008/13094

Judge

P Coppin

High Court held ministerial consent was required for the share sale, the suspensive conditions failed, and Mogale’s claims for specific performance and repayment were dismissed.

• Specific Performance
• Suspensive Conditions
• Ministerial Approval
• Preemptive Rights
• Share Transfer
• Fictional Fulfilment