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

Small Enterprise Finance Agency SOC Ltd v Re-Yakgona Transport CC and Another (5579/2017)

Small Enterprise Finance Agency SOC Ltd v Re-Yakgona Transport CC and Another (5579/2017) [2018] ZAFSHC 115 (4 July 2018)

Court

Free State High Court, Bloemfontein

Case number

5579/2017

Judge

Mhlambi

The High Court granted summary judgment for the plaintiff after finding the defendants’ opposition was only a bare denial and not a bona fide defence.

• Summary Judgment
• Loan Agreement
• Instalment Sale
• Suretyship
• Certificate Of Balance
• Uniform Rule 32

Zephan Properties Proprietary Limited v Sabivert Proprietary Limited (695/2016)

Zephan Properties Proprietary Limited v Sabivert Proprietary Limited (695/2016) [2016] ZAECPEHC 66 (4 October 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

695/2016

Judge

J W Eksteen

The respondent's right of occupation is founded on the first agreement of sale. However, the agreement is void for failure to comply with section 2(1) of the Alienation of Land Act, as it does not specify the method or dates of payment for the purchase price, and the respondent's contention that payment would be made from rental profits over time is not reflected in the written agreement. Oral evidence to supplement or vary the written terms is inadmissible. The suspensive condition was not strictly fulfilled, and no valid waiver or extension was made in writing. The applicant, as owner, is e…

Source excerpt

• Eviction
• Alienation Of Land Act
• Suspensive Condition
• Instalment Sale
• Onus Of Occupation

Carriem v Fareed (10262/2005)

Carriem v Fareed (10262/2005) [2008] ZAWCHC 48 (15 August 2008)

Court

Western Cape High Court, Cape Town

Case number

10262/2005

Judge

Samela

The court held that a written deed of sale for a panel-beating business was genuine, not simulated, and ordered the buyer to pay the purchase price and interest.

• Contract Of Sale
• Simulated Transaction
• Specific Performance
• Instalment Sale
• Validity Of Contract
• Contract-of-sale