South Africa Case Law

May N.O v Wilgeheuwel Aftree-Oord (Pty) Ltd (054829/2022)

May N.O v Wilgeheuwel Aftree-Oord (Pty) Ltd (054829/2022) [2023] ZAGPJHC 1492 (14 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

054829/2022

Judge

Strijdom

The court found that the applicant, as executrix, had complied with the requirements of Rule 32(2)(b) by verifying the cause of action and the amount claimed in the supporting affidavit. The procedural defect regarding the hearing date was not fatal, as the respondent had adequate notice through notices of set down and suffered no prejudice. The court held that the applicant had pleaded all necessary averments to sustain the cause of action, including fulfilment of contractual conditions for repayment. The respondent's opposition consisted of bare denials and failed to raise a bona fide defen…

Source excerpt

• Summary Judgment
• Breach Of Contract
• Life Rights
• Mora Interest

Boshoff N.O v Carenet Properties (Pty) Ltd (57562/13)

Boshoff N.O v Carenet Properties (Pty) Ltd (57562/13) [2016] ZAGPPHC 761 (26 August 2016)

Court

North Gauteng High Court, Pretoria

Case number

57562/13

Judge

J W Louw

The High Court held that a contract for a life right was subject to a negative resolutive condition. Because transfer did not occur by the deadline, the agreement dissolved and the loan had to be repaid.

• Life Rights
• Resolutive Condition
• Contract Cancellation
• Loan Repayment
• Contract-cancellation
• Resolutive-condition

Vorster NO v Settlers Park Association (866/2009)

Vorster NO v Settlers Park Association (866/2009) [2009] ZAECGHC 45 (2 July 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

866/2009

Judge

Plasket

The High Court granted summary judgment for an estate seeking a refund under a retirement village life-right contract, rejecting an alleged oral variation.

• Housing Development Schemes For Retired Persons Act
• Summary Judgment
• Contract Variation
• Life Rights
• Written Agreement Requirement
• Summary-judgment