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South Africa decisions
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Naledi Coal and Logistics (Pty) Ltd v Li Coal Clean Coal Gasification (Pty) Ltd (2024/075293) [2025] ZAGPJHC 674 (7 May 2025)
The High Court held the respondent liable to reimburse coal transport costs incurred by the applicant acting on a mandate to arrange logistics.
Cliffe Dekker Hofmeyr Inc and Another v Centura Real Estate (Pty) Ltd (056456/2023) [2025] ZAGPJHC 235 (10 February 2025)
The High Court upheld an exception, finding the particulars of claim disclosed no cause of action against the conveyancing attorneys because the contract did not create the pleaded mandate.
K.N v N.Z and Another (2019/33708) [2024] ZAGPJHC 440 (10 May 2024)
The court held that R430 000 given to the defendants was not a gift, but money meant to buy property in the plaintiff’s name. The special plea of prescription failed.
Prioste v Edelstein Faber Grobler Inc and Another (2022 / 031631) [2023] ZAGPJHC 1166 (16 October 2023)
Leave to appeal was refused because the proposed appeal had no reasonable prospects of success. The court held the payment instruction was not irrevocable.
Evoke Reality (Pty) Ltd v Augustine and Others (2023/81925) [2023] ZAGPJHC 985 (4 September 2023)
Urgent application for an anti-dissipatory interdict dismissed because the applicant failed to show a prima facie right to commission or any asset-dissipation risk.
Magongo v Dercksens Incorporated (5087/2017) [2023] ZAWCHC 148 (9 June 2023)
The High Court granted absolution from the instance in a claim alleging an attorney failed to lodge a RAF claim, finding no prima facie proof of a mandate.
Prioste v Edelstein Faber Grobler Inc and Another (2022 / 031631) [2023] ZAGPJHC 666 (8 June 2023)
The High Court dismissed a claim against conveyancers over sale proceeds from jointly owned property, holding that one joint owner could vary payment instructions for their own share.
Boutina (Pty) Ltd v MEC for the Provincial Department of Human Settlements (Mpumalanga) and Another (4028/2021) [2022] ZAMPMBHC 76 (13 October 2022)
The court held that payment to the appointed conveyancer did not discharge the department’s obligation, where the funds were misappropriated before reaching Boutina.
Mpambaniso v Davison (39127/2018) [2021] ZAGPPHC 864 (13 December 2021)
The High Court held that the plaintiff failed to prove he contracted with Davison personally, finding the agreement was with SBA and dismissing both claims with costs.
Property One Shop CC t/a Remax Kalahari v Snyman N.O and Others (493/2017) [2021] ZANCHC 3 (8 January 2021)
The court found that the plaintiff was mandated by the trust to sell the farms, as evidenced by correspondence, negotiations, and the terms of the first sale agreement, which expressly provided for payment of commission. The trust's conduct and communications confirmed the mandate and the intention to pay commission. The plaintiff was the effective cause of the sale, having introduced the purchaser and facilitated negotiations, and the subsequent sale was substantially similar to the initial transaction, involving the same properties with minor changes. The defendants failed to discharge the…
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