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South Africa Case Law

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Land And Property [2016] ZAKZPHC 108

Castelyn v Sellick and Another (AR767/2010)

Castelyn v Sellick and Another (AR767/2010) [2016] ZAKZPHC 108 (13 December 2016)

High Court appeal over a property sale dispute. The court rejected misrepresentation and non-disclosure arguments, dismissed the appeal, and limited counterclaim damages to security costs.

  • Misrepresentation
  • Contractual Damages
  • Forfeiture Of Deposit
  • Sale Of Immovable Property
  • Non Disclosure
  • Costs Orders
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Civil Procedure [2015] ZAGPPHC 306

Sheriff of the High Court Johannesburg South v Kalala, In Re: Standard Bank of South Africa Ltd v Nsele and Others (22740/2013)

Sheriff of the High Court Johannesburg South v Kalala, In Re: Standard Bank of South Africa Ltd v Nsele and Others (22740/2013) [2015] ZAGPPHC 306 (13 May 2015)

The court cancelled a sale in execution after the purchaser failed to provide guarantees, held the deposit could be retained pending loss quantification, and ordered costs against the respondent.

  • Sale In Execution
  • Rule 46 Procedure
  • Deposit Retention
  • Forfeiture Of Deposit
  • Costs Order
  • Sale-in-execution
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Civil Procedure [2015] ZAGPPHC 418

Sheriff of the High Court Johannesburg South v Kalala; In Re: Standard Bank of South Africa Ltd v Nsele and Others (22740/2013)

Sheriff of the High Court Johannesburg South v Kalala; In Re: Standard Bank of South Africa Ltd v Nsele and Others (22740/2013) [2015] ZAGPPHC 418 (11 May 2015)

The High Court cancelled a sale in execution after the purchaser failed to provide guarantees, but ordered the deposit retained in trust pending assessment of the seller’s loss.

  • Sale In Execution
  • Rule 46 Application
  • Forfeiture Of Deposit
  • Breach Of Conditions
  • Quantification Of Loss
  • Sale-in-execution
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Land And Property [1985] ZASCA 118

Pereira v Landman (318/84)

Pereira v Landman (318/84) [1985] ZASCA 118 (15 November 1985)

The Appellate Division held that a handwritten cancellation clause and a printed notice clause in a land sale contract could be reconciled, so the seller could cancel for non-payment.

  • Contract Interpretation
  • Automatic Cancellation Clause
  • Forfeiture Of Deposit
  • Ejectment
  • Contract-interpretation
  • Automatic-cancellation-clause
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.