South Africa Case Law

Stassen N.O and Others v Chemaly N.O and Others (5526/222)

Stassen N.O and Others v Chemaly N.O and Others (5526/222) [2023] ZAFSHC 383 (6 October 2023)

Court

Free State High Court, Bloemfontein

Case number

5526/2022

Judge

Van Rhyn

The court found that the Applicant Trust did not strictly comply with the cancellation procedure prescribed by the Sub-Lease and the undertaking FA10. The Applicant Trust had routinely afforded the Respondent Trust extended periods to remedy breaches, creating a pattern of indulgence and representations inconsistent with strict enforcement. FA10 constituted a stipulatio alteri in favour of FirstRand Bank, binding the Applicant Trust to provide an additional 20 days' notice after the initial period before cancellation. The cancellation effected by the Applicant Trust was premature, as the Resp…

Source excerpt

• Lease Cancellation
• Stipulatio Alteri
• Public Policy In Contract
• Non Variation Clause
• Mortgage Bond Rights
• Deeds Registries Act

Mooville (Pty) Ltd and Another v Land and Agricultural Bank of South Africa and Others (2667/17)

Mooville (Pty) Ltd and Another v Land and Agricultural Bank of South Africa and Others (2667/17) [2019] ZAECPEHC 42 (9 July 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2667/17

Judge

D Van Zyl

The court granted two applicants leave to intervene in a forfeiture-related application, finding they had a direct and substantial interest arising from a deed of sale.

• Joinder And Intervention
• Forfeiture Order
• Mortgage Bond Rights
• Alienation Of Land Act
• Curator Bonis Authority
• Joinder-and-intervention

Callia v Mayne (2014/10561)

Callia v Mayne (2014/10561) [2014] ZAGPJHC 305 (31 October 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2014/10561

Judge

Nochumsohn G

High Court held that the seller’s cancellation of a land sale was invalid and ordered transfer against payment, with safeguards for third-party rights.

• Specific Performance
• Sale Of Land
• Servitude Rectification
• Joinder Of Third Parties
• Mortgage Bond Rights
• Specific-performance

Standard Bank of South Africa Ltd v Swartland Municipality and Others (11525/2009)

Standard Bank of South Africa Ltd v Swartland Municipality and Others (11525/2009) [2010] ZAWCHC 103 (31 May 2010)

Court

Western Cape High Court, Cape Town

Case number

11525/2009

Judge

E Moosa

The court dismissed Standard Bank’s bid to stop or set aside a demolition order for unlawful structures, finding it had only an indirect financial interest.

• Joinder Of Parties
• Mortgage Bond Rights
• Demolition Order
• Interdict Requirements
• Zoning Regulations
• Demolition-order