South Africa Case Law

Hard Hats Equipment Hire (Pty) Ltd v K2014137790 (Pty) Ltd Rhino Civils and Another (1319/2019)

Hard Hats Equipment Hire (Pty) Ltd v K2014137790 (Pty) Ltd Rhino Civils and Another (1319/2019) [2024] ZAGPJHC 380 (12 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

1319/2019

Judge

Vally

The High Court held that a prior interlocutory order did not decide the suretyship issue, and that the suretyship complied with section 6 of the General Law Amendment Act.

• Suretyship
• General Law Amendment Act Section 6
• Formalities Of Contract
• Accessory Contract
• Rectification
• Enforceability Of Suretyship

Mabusela and Others v Booi and Another (CA149/2021)

Mabusela and Others v Booi and Another (CA149/2021) [2023] ZAECMKHC 54 (2 May 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA149/2021

Judges

N G Beshe, R W N Brooks, M Gwala

The High Court held that no valid land-sale agreement was concluded and granted condonation, reinstated the appeal, and set aside the court a quo’s order.

• Alienation Of Land Act
• Formalities Of Contract
• Condonation
• Appeal Lapse
• Offer And Acceptance
• Alienation-of-land-act

Huma v Kruger N.O. and Others (39164/2020)

Huma v Kruger N.O. and Others (39164/2020) [2022] ZAGPJHC 70 (16 February 2022)

Court

South Gauteng High Court, Johannesburg

Case number

39164/2020

Judge

L R Adams

The High Court dismissed an application seeking to enforce an alleged oral agreement over immovable property and ordered transfer to the deceased estate.

• Alienation Of Land Act
• Formalities Of Contract
• Ownership Transfer
• Divorce Settlement
• Interdictory Relief
• Alienation-of-land-act

Z Hakimjee Investments (Pty) Ltd v Georgia Avenue Investments 135 (Pty) Ltd (2020/26801)

Z Hakimjee Investments (Pty) Ltd v Georgia Avenue Investments 135 (Pty) Ltd (2020/26801) [2021] ZAGPJHC 362 (2 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/26801

Judge

Vally

The court found that the agreement and addendum are valid and binding. The parties objectively intended to enter into legal relations, as evidenced by their conduct and the signed documents. The Alienation of Land Act does not require the price of the immovable property to be specified separately when the property is sold as part of a business as a going concern. The agreement constitutes a deed of alienation and complies with the Act. The addendum, although signed after the original suspensive condition deadline, revived the agreement because both parties intended to continue with the contra…

Source excerpt

• Alienation Of Land Act
• Suspensive Condition
• Revival Of Contract
• Formalities Of Contract
• Sale Of Business As Going Concern

Zondo and Others v City of Johannesburg Metropolitan Municipality and Others (2016/13293)

Zondo and Others v City of Johannesburg Metropolitan Municipality and Others (2016/13293) [2020] ZAGPJHC 100 (7 April 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2016/13293

Judge

L T Modiba

The High Court dismissed an application to set aside a municipal property sale and enforce transfer of housing units, finding non-compliance with land-alienation formalities and prescription.

• Alienation Of Land Act
• Prescription Act
• Transfer Of Immovable Property
• Formalities Of Contract
• Social Housing Rights
• Alienation-of-land-act

Van der Merwe NO and Others v Keystone Development CC and Others (70881/2017)

Van der Merwe NO and Others v Keystone Development CC and Others (70881/2017) [2019] ZAGPPHC 461 (22 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

70881/2017

Judge

T Siwendu

The court found that the sale agreement contained all essential terms required by law, including the identification of the land, the purchase price, and the method for escalation and payment. The suspensive condition did not invalidate the contract but merely suspended its operation until fulfillment. As no time period for fulfillment was stipulated, the condition was to be fulfilled within a reasonable time. The applicants did not pursue cancellation based on breach or lapse of reasonable time, but rather on alleged invalidity, which the court rejected. The contract was held to be valid and…

Source excerpt

• Alienation Of Land Act
• Suspensive Conditions
• Formalities Of Contract
• Property Development Agreements
• Contract Cancellation
• Enrichment Claims

Wiehahn v Goosen and Others (1202/2017)

Wiehahn v Goosen and Others (1202/2017) [2018] ZANCHC 59 (20 April 2018)

Court

Northern Cape High Court, Kimberley

Case number

1202/2017

Judge

Lever AJ

The court found that clause 2.3 of the late father's will created an option in favour of the first respondent to purchase the farm Hunitees within three months of the stepmother's death. The purported exercise of this option by the first respondent did not comply with the formalities required by section 2(1) of the Alienation of Land Act, as the note dated 24 January 2017 was insufficient. The subsequent written sale agreement was entered into outside the prescribed period. The court rejected the respondents' argument that clause 2.3 should be read as a pre-emptive right and held that the rig…

Source excerpt

• Alienation Of Land Act
• Testamentary Options
• Formalities Of Contract
• Pre Emptive Rights
• Nullity Of Contract
• Costs Order

Brayton Carlswald (Pty) Ltd and Another v Brews (245/2016)

Brayton Carlswald (Pty) Ltd and Another v Brews (245/2016) [2017] ZASCA 68; 2017 (5) SA 498 (SCA) (31 May 2017)

Court

Supreme Court of Appeal

Case number

245/2016

Judges

Theron, Majiedt, Dambuza, Mathopo, Coppin

The Supreme Court of Appeal held that a deed of cession signed after payment of the debt was a nullity because there was no subsisting right to cede.

• Cession Of Judgment Debt
• Extinction Of Obligation By Payment
• Formalities Of Contract
• Suretyship Exception
• Cession-of-claims
• Judgment-debts

Moller v Barloworld Equipment, a Division of Barloworld SA (Pty) Ltd t/a the Cat Rental Store and Others (312/11)

Moller v Barloworld Equipment, a Division of Barloworld SA (Pty) Ltd t/a the Cat Rental Store and Others (312/11) [2013] ZAGPPHC 137 (31 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

312/11

Judge

T.V. Ratshibvumo

The High Court upheld an exception, holding that the alleged suretyship failed to identify the debtor or principal debt and so disclosed no cause of action.

• Suretyship Requirements
• General Law Amendment Act
• Cause Of Action
• Credit Agreement
• Formalities Of Contract
• Suretyship

Cowley and Another v Lai Thom and Another (1117/2010)

Cowley and Another v Lai Thom and Another (1117/2010) [2012] ZAECPEHC 70 (25 September 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1117/2010

Judge

N Dambuza

The court held that no binding sale agreement was concluded because the offer expired before acceptance and the later acceptance was not compliant with section 2 of the Alienation of Land Act.

• Alienation Of Land Act
• Contract Formation
• Expiry Of Offer
• Counter Offer
• Formalities Of Contract
• Alienation-of-land-act