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South Africa decisions
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Maseko and Another v Allandins Ring Trading 519cc and Another (1691/2023) [2024] ZAFSHC 107 (15 April 2024)
The High Court partially upheld an exception to particulars of claim in a building-contract dispute, striking the claim against the second defendant but dismissing the other grounds.
Dolce Domus CC v Herholdt and Another (742/2021) [2022] ZAECPEHC 5 (24 February 2022)
The court found that the first respondent failed to prove that the sale agreement was validly cancelled. No clear or unequivocal notice of cancellation was delivered to the applicant, and the alleged cancellation by email was not substantiated by evidence. The applicant remedied any breach by providing a valid, irrevocable guarantee within the notice period after being notified of the defect. The first respondent's alternative defences, including repudiation and non-compliance with guarantee requirements, were rejected as the applicant was entitled to remedy and did so. Consequently, the appl…
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Standard Bank of South Africa Limited: Vehicle & Asset Finance Division v Jawiklane (Pty) Ltd (A137/2019) [2021] ZAGPPHC 843 (2 December 2021)
High Court appeal confirming cancellation of seven instalment sale agreements after breach notices were served and the respondent failed to cure default.
Much Asphalt (Pty) Ltd v CSR-Africa Tank Repairs CC (4657/15) [2016] ZAECPEHC 13 (19 April 2016)
Summary judgment was refused in a contract dispute because the defendant raised a bona fide defence on the agreed time for performance and alleged premature cancellation.
Myburgh v Equestrian Valley (Pty) Ltd (15986/2012) [2016] ZAWCHC 6 (4 February 2016)
The court dismissed a buyer’s claim to cancel sale agreements over alleged failure to build equestrian facilities, finding no justified cancellation or mora.
McAlpine and Others v Mashishimane Communal Property Ass. and Another (A547/13) [2015] ZAGPPHC 301 (25 March 2015)
The High Court upheld an appeal over payment for game and movables sold on a game reserve, finding the debt was due and no State grant condition applied.
A.N.H (V.M) v J.F.M (33753/2012) [2014] ZAGPPHC 375 (13 June 2014)
The court held that interest on a divorce-settlement debt ran from service of the application, with costs awarded against the respondent.
Du Toit and Another v Minister of Land Affairs/Rural Development and Land Reform and Others (LCC60/2010, LCC61/2010, LCC62/2010) [2011] ZALCC 21 (16 June 2011)
The Land Claims Court held that the 2009 sale agreement was binding and that late payment placed the respondents in mora, justifying interest and costs.
Bodsworthy v Cape Luxury Group (Pty) Ltd (8659/2010) [2011] ZAWCHC 137 (10 February 2011)
The court held the applicant had not placed the respondent in mora, so no interest was payable on the R30,000 deposit and no costs order was made.
Mpanza v Road Accident Fund (11065/2007) [2010] ZAKZDHC 64 (17 November 2010)
The High Court held that time was of the essence in a settlement agreement, so the plaintiff could cancel for non-payment without prior demand.
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