South Africa Case Law

Community Property Company (Pty) Ltd v Crowie Projects (Pty) Ltd and Others (08283/2014)

Community Property Company (Pty) Ltd v Crowie Projects (Pty) Ltd and Others (08283/2014) [2019] ZAGPJHC 377 (23 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

08283/2014

Judge

Van der Linde

High Court remitted an arbitral appeal award under section 32(2) of the Arbitration Act for latent ambiguity and incomplete determination of the dispute.

• Arbitration Act Section 32
• Remittal Of Award
• Contractual Interpretation
• Rental Warranty
• Latent Ambiguity
• Arbitration-act-section-32

H v H and Others (35593/2014)

H v H and Others (35593/2014) [2015] ZAGPJHC 69 (17 April 2015)

Court

South Gauteng High Court, Johannesburg

Case number

35593/2014

Judge

Windell

The court found that the reference to 'shares in and loans to Autocom' in the testator's will created a latent ambiguity, as the testator did not own shares in Autocom (Pty) Limited but in Autocom Holdings (Pty) Limited. Considering the language of the will, its context, and the undisputed facts, the court concluded that the testator intended to bequeath the shares in Autocom Holdings to the trustees for the benefit of the applicant, not for the shares to fall into the residue of the estate. The court applied a benevolent interpretation to give effect to the testator's intention and held that…

Source excerpt

• Will Interpretation
• Latent Ambiguity
• Rectification Of Wills
• Testamentary Trust
• Succession
• Residue Of Estate