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South Africa Case Law

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Last checked: 13 Oct 2026, 16:41 UTC

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27 Oct 2021

Commercial And Corporate [2021] ZAKZDHC 49

Martin K Holdings (PTY) Ltd v Nedport Developments (Pty) Ltd (D4299/2020)

Martin K Holdings (PTY) Ltd v Nedport Developments (Pty) Ltd (D4299/2020) [2021] ZAKZDHC 49 (27 October 2021)

Court: Kwazulu-Natal High Court, Durban
Case number: D4299/2020
Judge: Shapiro AJ

The court held that the purchaser failed to obtain the required loan by the deadline, so the sale agreement lapsed and the buyer’s application was dismissed.

Suspensive Condition
Contractual Interpretation
Impossibility Of Performance
Guarantee Obligation
Sectional Title Sale
Suspensive-condition

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29 Sept 2017

Land And Property [2017] ZAGPPHC 1105

3JR Properties CC v Malana Beleggings (Pty) Limited and Another (45703/2017)

3JR Properties CC v Malana Beleggings (Pty) Limited and Another (45703/2017) [2017] ZAGPPHC 1105 (29 September 2017)

Court: North Gauteng High Court, Pretoria
Case number: 45703/2017
Judge: E Van Vuuren

The High Court held that a purchaser breached a sale agreement by failing to keep a required guarantee in force, validly allowing cancellation and eviction.

Alienation Of Land Act
Contract Cancellation
Eviction
Guarantee Obligation
Specific Performance
Alienation-of-land-act

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Martin K Holdings (PTY) Ltd v Nedport Developments (Pty) Ltd (D4299/2020)

3JR Properties CC v Malana Beleggings (Pty) Limited and Another (45703/2017)