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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 200

Legogo It And Projects CC v City Of Johannesburg Metropolitan Municipality (2022/011010)

Legogo It And Projects CC v City Of Johannesburg Metropolitan Municipality (2022/011010) [2023] ZAGPJHC 200 (5 March 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2022/011010
Judge
I Opperman

The court found that the plaintiff's particulars of claim are not vague and embarrassing. The parties to the agreement are clearly identified, and any ambiguity is a minor typographical error clarified by the agreement itself. The material terms of the contract are adequately pleaded, and the relevant clauses are referenced or can be identified from the annexed agreement. The services rendered and payment terms are sufficiently set out, and any further detail required can be obtained through trial particulars. The court held that no prejudice arises from the alleged vagueness, and the test fo…

Source excerpt

  • Vague And Embarrassing Pleading
  • Contractual Claim
  • Exception Procedure
  • Material Terms Of Contract
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Land And Property [2009] ZASCA 147

Chretien and Another v Bell (52/09)

Chretien and Another v Bell (52/09) [2009] ZASCA 147; [2010] 2 All SA 428 (SCA) ; 2011 (1) SA 54 (SCA) (26 November 2009)

Court
Supreme Court of Appeal
Case number
52/09
Judges
NAVSA, NUGENT, PONNAN, MAYA, TSHIQI

The Supreme Court of Appeal held that the written agreement between the parties did not comply with section 2(1) of the Alienation of Land Act 68 of 1981 because it failed to stipulate the time for payment of the purchase price, a material term. The agreement expressly required the parties to agree in writing on the payment details by a specified date, but no such agreement was reached. The absence of this term rendered the contract void ab initio and unenforceable. The respondent's argument that the reference to payment details related only to the manner of payment was rejected, as the only…

Source excerpt

  • Alienation Of Land Act
  • Material Terms Of Contract
  • Certainty Of Contract
  • Unenforceability For Uncertainty
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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.

Source links and collection timestamps are retained alongside the indexed records.