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South Africa Case Law

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Commercial And Corporate [2024] ZAKZDHC 72

Limitless Investments (Pty) Ltd v Maximprops 1007 CC and Another (D7969/2022)

Limitless Investments (Pty) Ltd v Maximprops 1007 CC and Another (D7969/2022) [2024] ZAKZDHC 72 (18 October 2024)

The court held that interest on the R14 million balance accrued to the seller under the sale agreement, granted condonation for a late replying affidavit, and dismissed the application with costs.

  • Contractual Interpretation
  • Condonation
  • Interest On Purchase Price
  • Sale Of Property
  • Contractual-interpretation
  • Interest-on-purchase-price
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Civil Procedure [2024] ZAGPJHC 112

Sheriff, Randburg West v Dyna-Edge Trading and Projects CC and Another (2019/21474)

Sheriff, Randburg West v Dyna-Edge Trading and Projects CC and Another (2019/21474) [2024] ZAGPJHC 112 (2 February 2024)

The High Court cancelled a sale in execution after the purchasers failed to pay levies and interest due under the conditions of sale, triggering Rule 46(11).

  • Sale In Execution
  • Rule 46
  • Conditions Of Sale
  • Levy Clearance
  • Interest On Purchase Price
  • Sale-in-execution
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Civil Procedure [2023] ZAGPJHC 878

Varachia v Enver NO (28658/2008)

Varachia v Enver NO (28658/2008) [2023] ZAGPJHC 878 (7 August 2023)

The court partly refused leave to amend pleadings where proposed interest claims did not disclose a cause of action against the respondent and would risk excipiability.

  • Amendment Of Pleadings
  • Sale Of Land
  • Specific Performance
  • Interest On Purchase Price
  • Amendment-of-pleadings
  • Civil-procedure
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Commercial And Corporate [2013] ZAGPPHC 476

Mmakola and Another v Nelep (A331/2013)

Mmakola and Another v Nelep (A331/2013) [2013] ZAGPPHC 476 (5 December 2013)

The High Court upheld a cross-appeal and ordered the appellants to pay interest and costs after delaying bank guarantees for a farm sale.

  • Sale Of Land
  • Contractual Delay
  • Interest On Purchase Price
  • Costs Award
  • Contract-law
  • Sale-of-land
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Land And Property [2013] ZASCA 142

Minister of Agriculture and Land Affairs and Another v De Klerk and Others (747/2012)

Minister of Agriculture and Land Affairs and Another v De Klerk and Others (747/2012) [2013] ZASCA 142; 2014 (1) SA 212 (SCA); [2014] 1 All SA 158 (SCA) (30 September 2013)

The SCA held that payment of the purchase price to the conveyancer did not discharge the purchaser, because the conveyancer was not the seller’s agent.

  • Agency In Property Sale
  • Payment Of Purchase Price
  • Conveyancer Liability
  • Breach Of Contract
  • Interest On Purchase Price
  • Fiduciary Duties
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Land And Property [2011] ZALCC 21

Du Toit and Another v Minister of Land Affairs/Rural Development and Land Reform and Others (LCC60/2010, LCC61/2010, LCC62/2010)

Du Toit and Another v Minister of Land Affairs/Rural Development and Land Reform and Others (LCC60/2010, LCC61/2010, LCC62/2010) [2011] ZALCC 21 (16 June 2011)

The Land Claims Court held that the 2009 sale agreement was binding and that late payment placed the respondents in mora, justifying interest and costs.

  • Sale Of Land
  • Specific Performance
  • Damages For Mora
  • Interest On Purchase Price
  • Costs Award
  • Sale-of-land
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Land And Property [2010] ZALCC 24

Mokala Belegings (Pty) Ltd and Another v Minister of Rural Development and land Reform and Others (LCC 12/2010)

Mokala Belegings (Pty) Ltd and Another v Minister of Rural Development and land Reform and Others (LCC 12/2010) [2010] ZALCC 24 (14 September 2010)

The court refused interest on a delayed land-sale purchase price, finding the agreement made no provision for it and the payment date depended on registration.

  • Specific Performance
  • Sale Of Land
  • Transfer Of Property
  • Costs Award
  • Interest On Purchase Price
  • Land-sale-agreement
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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.