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South Africa decisions
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Sheriff of High Court, Halfway House v Maepa (21581/2022) [2025] ZAGPJHC 764 (4 August 2025)
The High Court set aside a prior sale in execution and authorised the Sheriff to resell the immovable property, finding nojoinder and demand objections unpersuasive.
Roka Media (Pty) Ltd v Kunene Makopo Risk Solutions (Pty) Ltd (55741/21) [2024] ZAGPJHC 1247 (5 December 2024)
High Court contract dispute over app development services: Claim A succeeded for unpaid SLA amounts, but the alleged oral addendum failed.
Stewarts and Lloyds Holdings (Pty) Ltd v Solid Steel Construction (Pty) Ltd (A3070/2021) [2021] ZAGPJHC 739 (10 November 2021)
Appeal upheld: the court enforced the contractually agreed interest rate and date, holding that mora arose ex re and no demand was required.
Humphries and Another v Import Export 2020 (Pty)Ltd (92006/2016) [2016] ZAGPPHC 786 (26 August 2016)
The High Court confirmed cancellation of a land sale after the seller failed to transfer the property within a reasonable time and ordered repayment with interest.
South African National Tubercolosis v Provincial Government of the Eastern Cape (581/12) [2014] ZAECBHC 3 (11 March 2014)
The court held that VAT was payable on the property sale from registration date, so interest ran from 27 November 2009 at the prescribed rate.
Nkengana and Another v Van der Walt Schnetler and Another (CA393/07) [2008] ZAECHC 160 (19 September 2008)
The High Court dismissed an appeal over a land sale dispute, holding the appellants had not paid under the written agreement and were not entitled to transfer.
Transnet Ltd t/a National Ports Authority v Owner of MV Snow Crystal (250/07) [2008] ZASCA 27; 2008 (4) SA 111 (SCA); [2008] 3 All SA 255 (SCA) (27 March 2008)
The court held that a binding contract existed between the parties for the dry docking of the MV Snow Crystal, as evidenced by the signed application form and the undertaking to pay charges and abide by the conditions. The obligation to make the dry dock available was reciprocal and not merely regulatory. The appellant failed to exercise its contractual powers under regulation 61(10) to remove the other vessel, and the impossibility of performance was not established, as the dry dock could have been made available with reasonable effort. The damages awarded by the court a quo were upheld, as…
Source excerpt
Kragga Kamma Estates CC and Another v Flanagan (720/93) [1994] ZASCA 137; 1995 (2) SA 367 (AD); [1995] 1 All SA 486 (A) (29 September 1994)
The court held that the seller did not validly cancel a farm sale because the demand and cancellation were conditional and unclear, so the appeal succeeded.
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