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South Africa decisions
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Mahmood v Sohawon and Another (939/2023) [2025] ZAMPMHC 24 (10 April 2025)
The High Court ordered specific performance of a property sale after finding the sellers’ cancellation invalid and treating their conduct as repudiation.
Griekwaland Wes Korporatief Beperk t/a Vaalrivier Diensstasie v Desert Oil (Pty) Ltd (1753/2022) [2024] ZANCHC 41 (26 April 2024)
The court found that the interim interdict granted on 17 November 2023 does not meet the requirements for appealability as set out in Zweni, lacking finality, definitiveness of rights, and disposal of substantial relief. The disputes addressed in the interim interdict will be reconsidered in the main action, and the court of first instance is not bound by its interim conclusions. The interests of justice test for appealability applies only in exceptional circumstances, which GWK failed to establish. The grounds advanced by GWK for leave to appeal were either decontextualised, lacked merit, or…
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Lakes Forestry & Development CC v Cognad Properties CC (7689/2018) [2024] ZAWCHC 45; [2024] 2 All SA 83 (WCC) (16 February 2024)
The court held that an expert forestry determination was not binding, found the plaintiff in material breach for failing to clear 50 hectares of black wattle, and upheld cancellation.
Desert Oil (Pty) Ltd v Griekwalandwes Korporatief Beperk t/a Vaalrivier Diensstasie (1753/2022) [2023] ZANCHC 85 (17 November 2023)
Interim interdict granted to stop cancellation of a fuel supply agreement; the court found a prima facie right, invalid cancellation notice, and no adequate damages remedy.
Van Basten v Odendaal (4648/2019) [2023] ZAFSHC 160; [2023] 3 All SA 289 (FB) (28 April 2023)
The High Court held that the plaintiff did not give a valid contractual demand before cancelling a farm lease, because the notice procedure in the lease was not strictly followed.
Richard Pollack (N.O) and Others v Peacock Inn (Pty) Ltd (15173/2022) [2023] ZAGPJHC 210 (9 February 2023)
The High Court confirmed cancellation of a commercial property sale after the purchaser failed to pay required amounts, and ordered eviction and costs.
Sorrynos 1 (Pty) Ltd v Thenga and Others (2021/39004) [2021] ZAGPJHC 821 (17 December 2021)
The High Court held that the purchaser validly waived a suspensive condition in a property sale, keeping the contract alive and entitling it to specific performance.
Absolute View (Pty) Ltd v Caterpillar Financial Services SA (Pty) Ltd (14425 / 2021) [2021] ZAGPJHC 592 (28 October 2021)
High Court dismissed a challenge to contract termination after a guarantor’s death and declined to strike self-help clauses as the issue was moot on the facts.
Golden Hi-Way Investments (Pty) Ltd v Monyane and Others (A5047/2020) [2021] ZAGPJHC 69 (29 June 2021)
High Court appeal on a land sale upheld the seller’s cancellation, held the purchase price condition was met, and ordered repayment of R115,000.
O-Line (Pty) Ltd v Datacentric (Pty) Ltd (56269/2016) [2021] ZAGPPHC 16 (22 January 2021)
The court held that Datacentrix materially breached a software implementation contract, allowing O-Line to cancel and recover the full amount paid.
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