South Africa Case Law

Ithemba Sky Mark Security All Services (Pty) Ltd v Ithemba Sky Mark Security Services Cape Town CC and Another (21535/2022)

Ithemba Sky Mark Security All Services (Pty) Ltd v Ithemba Sky Mark Security Services Cape Town CC and Another (21535/2022) [2023] ZAGPJHC 772 (20 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21535/2022

Judge

Pearse AJ

The High Court declared a deed of cession null and void ab initio because it transferred the applicant’s business contracts without shareholder approval or client consent.

• Deed Of Cession
• Company Asset Disposal
• Shareholder Resolution
• Delegation Of Contractual Obligations
• Delectus Personae
• Nullity Of Contract

Mit Mak Motors CC 2005/028211/23 v Zitha and Others (29653/19)

Mit Mak Motors CC 2005/028211/23 v Zitha and Others (29653/19) [2022] ZAGPPHC 650 (2 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

29653/19

Judge

NN Bam

The court found that the vehicle sold by the defendants to the plaintiff was stolen and cloned, as evidenced by uncontested testimony from SAPS officers and supporting documentation. The defendants failed to provide credible evidence or critical information to support their version and did not challenge the plaintiff's witnesses effectively. Applying the principle that only an owner or authorised agent may transfer ownership, the court held that the defendants lacked authority to transfer the vehicle, rendering the sale agreement null and void. The plaintiff was entitled to the return of the…

Source excerpt

• Transfer Of Ownership
• Sale Of Stolen Property
• Nullity Of Contract
• Monetary Jurisdiction
• Attorney Client Costs

Mar-Deon Boerdery CC v Marais N.O and Others (30031/2021)

Mar-Deon Boerdery CC v Marais N.O and Others (30031/2021) [2021] ZAGPPHC 887 (29 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

30031/2021

Judge

T Moosa

The court found that section 47 of the Administration of Estates Act is peremptory, requiring written approval from all heirs for the manner and conditions of sale of estate property by an executor. The facts established that no such written approval was provided by the heirs, nor did the Master approve the sale prior to the contract’s conclusion. The applicant’s interpretation of the heirs’ correspondence as written approval was rejected, as the statutory requirement was not met. The contract was therefore void for non-compliance with section 47. As a result, the applicant failed to establis…

Source excerpt

• Interim Interdict
• Administration Of Estates Act
• Executor Sale Of Property
• Written Consent Of Heirs
• Nullity Of Contract

Vermeulen & Another v Mellet N.O. & 2 others (A142/2020)

Vermeulen & Another v Mellet N.O. & 2 others (A142/2020) [2021] ZAFSHC 141; [2021] 4 All SA 281 (FB) (27 May 2021)

Court

Free State High Court, Bloemfontein

Case number

A142/2020

Judges

C.J. Musi, P.J. Loubser, J.P. Daffue

The court held that the trust’s attempted sale of a close corporation member’s interest was void ab initio for non-compliance with section 29 of the Close Corporations Act.

• Close Corporations Act
• Trusts As Members
• Statutory Compliance
• Nullity Of Contract
• Declaratory Relief
• Close-corporations-act

Savannah Country Estate Homeowners Association v Sero Plus trading 194 (Pty) Ltd and Others (43842/13)

Savannah Country Estate Homeowners Association v Sero Plus trading 194 (Pty) Ltd and Others (43842/13) [2019] ZAGPPHC 1018 (10 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

43842/13

Judge

Collis

The court upheld special pleas based on impossibility and dismissed a claim to declare a sale of Erf 445 unlawful and void.

• Sectional Title Act
• Impossibility Of Performance
• Declaratory Relief
• Ownership Transfer
• Nullity Of Contract
• Sectional-title-law

Wiehahn v Goosen and Others (1202/2017)

Wiehahn v Goosen and Others (1202/2017) [2018] ZANCHC 59 (20 April 2018)

Court

Northern Cape High Court, Kimberley

Case number

1202/2017

Judge

Lever AJ

The court found that clause 2.3 of the late father's will created an option in favour of the first respondent to purchase the farm Hunitees within three months of the stepmother's death. The purported exercise of this option by the first respondent did not comply with the formalities required by section 2(1) of the Alienation of Land Act, as the note dated 24 January 2017 was insufficient. The subsequent written sale agreement was entered into outside the prescribed period. The court rejected the respondents' argument that clause 2.3 should be read as a pre-emptive right and held that the rig…

Source excerpt

• Alienation Of Land Act
• Testamentary Options
• Formalities Of Contract
• Pre Emptive Rights
• Nullity Of Contract
• Costs Order

Harris and Another v Burger N.O. and Another (786/2017)

Harris and Another v Burger N.O. and Another (786/2017) [2017] ZAFSHC 68 (18 May 2017)

Court

Free State High Court, Bloemfontein

Case number

786/2017

Judge

Rampai

The court held that property agreements concluded by a trustee who was also a beneficiary of the trust were null and void, refused a postponement, and ordered restoration and costs.

• Trustee Capacity
• Nullity Of Contract
• Restoration Of Performance
• Trust-law
• Contract-nullity
• Postponement

Van Wyk and Others v Topaz Sky Trading 146 (Pty) Ltd and Others (50235/15)

Van Wyk and Others v Topaz Sky Trading 146 (Pty) Ltd and Others (50235/15) [2017] ZAGPPHC 1 (3 January 2017)

Court

North Gauteng High Court, Pretoria

Case number

50235/15

Judge

Maier-Frawley

The court held that an agricultural-land sale and subdivision without Ministerial consent were void ab initio, dismissed the applicants’ case, and ordered further steps to undo the transfer.

• Subdivision Of Agricultural Land Act
• Ministerial Consent
• Nullity Of Contract
• Unjust Enrichment
• Municipal Planning
• Condonation

CF & SP Investments CC v PPA Lightco CC and Another (94051/2015)

CF & SP Investments CC v PPA Lightco CC and Another (94051/2015) [2016] ZAGPPHC 1040 (15 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

94051/2015

Judge

Rautenbach

The High Court held that the sale agreement was null and void because the suspensive condition was impossible to fulfil when the contract was signed.

• Specific Performance
• Contract Rectification
• Suspensive Condition
• Nullity Of Contract
• Specific-performance
• Contract-rectification

Smit v Pretorius and Others (33801/2001)

Smit v Pretorius and Others (33801/2001) [2014] ZAGPPHC 632 (20 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

33801/2001

Judge

E.M. Kubushi

High Court dismissed a buyer’s claim to compel transfer of land because the sale agreement failed to identify the second respondent, making it void under the Alienation of Land Act.

• Alienation Of Land Act
• Formalities Of Sale Of Immovable Property
• Community Of Property
• Contractual Capacity
• Nullity Of Contract
• Alienation-of-land-act