South Africa Case Law

Hanna v Basson and Others (15003/08)

Hanna v Basson and Others (15003/08) [2015] ZAGPJHC 343; [2016] 1 All SA 201 (GJ) (1 September 2015)

Court

South Gauteng High Court, Johannesburg

Case number

15003/08

Judge

PG Cilliers

The court found that the first defendant repudiated the agreement prior to 7 June 2007 by persistently denying its validity and refusing to perform, which suspended the plaintiff's obligation to perform. The plaintiff remained willing and able to perform, as evidenced by repeated requests for the settlement figure and offers to pay. The cancellation of the agreement on 27 February 2008 was invalid, as the plaintiff's performance was suspended due to the defendant's repudiation and the defendant's conduct made proper performance impossible. The right of pre-emption did not equate the contract…

Source excerpt

• Specific Performance
• Repudiation
• Oral Contract
• Pre Emption Right
• Damages In Lieu Of Performance
• Membership Interest

Leigh v Rasleigh Properties (38090/2012)

Leigh v Rasleigh Properties (38090/2012) [2013] ZAGPJHC 391 (6 December 2013)

Court

South Gauteng High Court, Johannesburg

Case number

38090/2012

Judge

Kathree-Setiloane

The High Court granted a final winding-up order against Rasleigh Properties, finding the respondent insolvent and rejecting its alleged oral membership agreement and supporting documents.

• Winding Up Of Close Corporation
• Loan Account Dispute
• Forgery Of Signature
• Insolvency
• Oral Agreement
• Membership Interest