South Africa Case Law

First Rand Bank Ltd (Formerly known as First National Bank of South Africa) v Aucamp and Others (510/2011)

First Rand Bank Ltd (Formerly known as First National Bank of South Africa) v Aucamp and Others (510/2011) [2011] ZANWHC 51 (1 September 2011)

Court

North West High Court, Mafikeng

Case number

510/2011

Judge

A A Landman

The court awarded damages to the bank after the respondents defaulted on a judicial sale and the property was resold at a lower price.

• Judicial Sale
• Damages For Breach Of Contract
• Rule 46 Procedure
• Mitigation Of Loss
• Judicial-sale
• Damages-for-breach-of-contract

Hopkins Boerdery (Edms) Bpk v Colyn and Another (A766/04)

Hopkins Boerdery (Edms) Bpk v Colyn and Another (A766/04) [2005] ZAWCHC 29; [2006] 1 All SA 497 (C) (20 April 2005)

Court

Western Cape High Court, Cape Town

Case number

A766/04

Judges

D H Van Zyl, J V Knoll, N J Yekiso

The court held that the description of the property in the sale notice, though brief, was sufficient for agricultural land under Rule 46(7)(b), and that any non-compliance was immaterial or condonable. The delay of over six months in bringing the application to set aside the sale was found to be grossly unreasonable and not adequately explained; the respondents' emotional trauma and lack of funds did not justify the delay. The appellant suffered substantial prejudice due to investments made in the property during this period. The respondents, by their conduct and silence, created the impressi…

Source excerpt

• Judicial Sale
• Rule 46 Compliance
• Condonation Of Delay
• Estoppel
• Waiver Of Rights

Bocimar NV v Kotor Overseas Shipping Ltd (323/93)

Bocimar NV v Kotor Overseas Shipping Ltd (323/93) [1994] ZASCA 5; 1994 (2) SA 563 (AD); [1994] 2 All SA 245 (A) (9 March 1994)

Court

Supreme Court of Appeal

Case number

323/93

Judges

Corbett, Joubert, Goldstone, Nienaber, Kriegler

The court held that a ship-arrest applicant must prove a genuine and reasonable need for security on a balance of probabilities, and Bocimar failed to do so.

• Security Arrest
• Associated Ship
• Onus Of Proof
• Balance Of Probabilities
• Judicial Sale
• Quantum Of Claim