South Africa Case Law

Christ the King Primary School CC v V.F. Group Trust (3668/2022)

Christ the King Primary School CC v V.F. Group Trust (3668/2022) [2023] ZAECMKHC 132 (28 November 2023)

Court

Eastern Cape High Court, Makhanda

Case number

3668/2022

Judge

Govindjee

The court found that the property was not used or intended for residential purposes, rendering Chapter II of the Alienation of Land Act inapplicable. However, the applicant, having paid over 85% of the purchase price, was entitled to demand transfer under section 27(1) of the Act, as this right is implied by law and not dependent on prior extrajudicial demand. The respondent's acceptance of further payments after purported cancellation interrupted prescription and undermined the validity of the cancellation. The court held that upholding cancellation and forfeiture in these circumstances woul…

Source excerpt

• Alienation Of Land Act
• Specific Performance
• Prescription
• Instalment Sale
• Forfeiture Of Payments

GPC Developments CC and Others v Uys (A71/2017)

GPC Developments CC and Others v Uys (A71/2017) [2017] ZAWCHC 80; [2017] 4 All SA 14 (WCC) (15 August 2017)

Court

Western Cape High Court, Cape Town

Case number

A71/2017

Judges

Gamble, Dlodlo, Fortuin

The High Court held that the sellers did not lawfully cancel the sale agreement because they failed to follow the addendum’s cancellation procedure, so the eviction failed.

• Eviction
• Lex Commissoria
• Contract Cancellation
• Forfeiture Of Payments
• Breach Of Contract
• Contract-cancellation

RZT Zelpy 4094 (Proprietary) Limited v Lester (61061/2014)

RZT Zelpy 4094 (Proprietary) Limited v Lester (61061/2014) [2015] ZAGPPHC 289 (30 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

61061/2014

Judge

Makhubele

The court dismissed an application to confirm cancellation of a movables sale and compel return of goods, finding the relief was mischaracterised and incomplete.

• Sale Of Goods
• Breach Of Contract
• Rei Vindicatio
• Penalties Act Application
• Counterclaim
• Forfeiture Of Payments

Veneska Beleggings BK v Snyman and Another (108/2007)

Veneska Beleggings BK v Snyman and Another (108/2007) [2009] ZANCHC 23 (24 April 2009)

Court

Northern Cape High Court, Kimberley

Case number

108/2007

Judge

I Henriques

Leave to appeal was refused because the court found no reasonable prospects of success and held the underlying agreement had been validly cancelled.

• Leave To Appeal
• Contract Cancellation
• Restitution
• Forfeiture Of Payments
• Leave-to-appeal
• Contract-cancellation

Chrysafsis and Others v Katsapas (538/86)

Chrysafsis and Others v Katsapas (538/86) [1988] ZASCA 84; [1988] 2 All SA 605 (A) (30 August 1988)

Court

Supreme Court of Appeal

Case number

538/86

Judges

Hoexter, Van Heerden, Nestadt, Steyn, Nicholas

The court held that an oral arrangement split monthly payments, making Elias's share separately enforceable and enabling cancellation after default.

• Contract Cancellation
• Joint Obligees
• Divisibility Of Rights
• Conventional Penalties Act
• Forfeiture Of Payments
• Contract-cancellation