Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Land And Property [2021] ZAGPJHC 387

Mcwade Property Holdings (Pty) Ltd v Babcock Ntuthuko Engineering (Pty) Ltd and Others (9787/2020)

Mcwade Property Holdings (Pty) Ltd v Babcock Ntuthuko Engineering (Pty) Ltd and Others (9787/2020) [2021] ZAGPJHC 387 (26 May 2021)

The court found that the wording of clause 9.1.2 required only that the purchaser be 'able to raise a loan' within the 60-day period, not that a final, irrevocable loan agreement be concluded. The approval in principle by Investec and the acceptance of the term sheet by the applicant satisfied the suspensive condition. The subsequent withdrawal of the guarantee by Investec did not retrospectively invalidate the agreement, as the condition had already been fulfilled. The actions of both parties after the approval indicated their acceptance that the condition was met. Therefore, the applicant's…

  • Suspensive Condition
  • Contract Interpretation
  • Sale Of Immovable Property
  • Loan Approval
  • Specific Performance
Read case analysis

About this LexChat collection

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.