South Africa Case Law

Mkhwananzi v Mncube and Another (2023/115676)

Mkhwananzi v Mncube and Another (2023/115676) [2025] ZAGPJHC 444 (2 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/115676

Judge

A Liversage

The court held that an exception cannot be validly raised against a simple summons, as a simple summons is not a pleading and does not contain the averments required for a pleading under the Uniform Rules of Court. Even if the exception were competent, the oral agreement between the parties did not constitute a deed of alienation for purposes of the Alienation of Land Act, as the defendants were not acting as sellers or owners intending to dispose of the property to the plaintiff. Rather, the agreement resembled a mandate for the defendants to purchase and register the property on behalf of t…

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• Exception Procedure
• Alienation Of Land Act
• Oral Agreements
• Public Auction Sale
• Mandatum
• Pleading Requirements

C.P.M v N.E.M (18195/2022)

C.P.M v N.E.M (18195/2022) [2023] ZAGPJHC 1244 (30 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

18195/2022

Judge

Thupaatlase

High Court judgment on condonation, strike-out, and amendment of a divorce counterclaim, granting limited amendments and refusing others for prejudice.

• Amendment Of Pleadings
• Condonation
• Strike Out Application
• Forfeiture Of Marital Benefits
• Oral Agreements
• Acknowledgment Of Debt

Banda and Another v Xenforce Proprietary Limited (008220/2022)

Banda and Another v Xenforce Proprietary Limited (008220/2022) [2023] ZAGPJHC 1195 (23 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

008220/2022

Judge

Twala M L

The High Court dismissed an exception to amended particulars of claim, finding the pleadings disclosed a cause of action and the oral agreements were independent.

• Exception Procedure
• Oral Agreements
• Housing Consumers Protection Measures Act
• Privity Of Contract
• Specific Performance
• Penalty Clauses

P.M.M v D.B.M and Another

P.M.M v D.B.M and Another [2023] ZAGPPHC 385; A296/2020 (31 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

A296/2020

Judges

Millar, Van Der Schyff, Munzhelele

High Court appeal upheld against an exception. The court held the pleaded claim could be construed as specific performance, not direct alienation of land, so the exception was dismissed.

• Exception Procedure
• Alienation Of Land Act
• Oral Agreements
• Specific Performance
• Liquidation Of Joint Estate
• Civil-procedure

Salligram and Others v Salligram and Others (AR 292/2018, 13560/2014)

Salligram and Others v Salligram and Others (AR 292/2018, 13560/2014) [2019] ZAKZPHC 63 (20 September 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 292/2018, 13560/2014

Judges

Vahed, Mnguni, Steyn

The High Court upheld an appeal against refusal to amend a pleading, finding the proposed change concerned the same debt and should be allowed.

• Amendment Of Pleadings
• Prescription Act
• Trusts And Trustees
• Oral Agreements
• Amendment-of-pleadings
• Prescription-act

Loggenberg and Others v Maree (286/17)

Loggenberg and Others v Maree (286/17) [2018] ZASCA 24 (23 March 2018)

Court

Supreme Court of Appeal

Case number

286/17

Judges

Seriti, Wallis, Swain, Pillay, Schippers

The Supreme Court of Appeal held that the oral agreement between Mr Maree and Mr Loggenberg was not a contract of sale but rather a contract for the benefit of a third party (the Trust), whereby Maree undertook to purchase Weltevreden and transfer it to the Trust upon reimbursement of his costs and repayment of the loan. The agreement did not contemplate a sale to the Trust and thus did not require compliance with section 2(1) of the Alienation of Land Act. The pleadings, reasonably interpreted, disclosed a cause of action capable of enforcement. The court further found that the alleged vague…

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• Alienation Of Land Act
• Oral Agreements
• Exception Procedure
• Contract For Benefit Of Third Party
• Vagueness In Pleadings

Maby Clothing (Pty) Ltd v Department of Health, Free State Provincial Government (5260/2009)

Maby Clothing (Pty) Ltd v Department of Health, Free State Provincial Government (5260/2009) [2016] ZAFSHC 94 (8 April 2016)

Court

Free State High Court, Bloemfontein

Case number

5260/2009

Judge

Motloung, AJ

The High Court dismissed a claim for damages arising from alleged repudiation of a uniforms supply arrangement, finding no proved repudiation or authority.

• Repudiation Of Contract
• Authority Of Agents
• Estoppel
• Tender Awards
• Oral Agreements
• Repudiation-of-contract

3 Tenners Properties CC v Trustees for the time being of the Atlantic Seaboard Trust (9478/2008)

3 Tenners Properties CC v Trustees for the time being of the Atlantic Seaboard Trust (9478/2008) [2011] ZAWCHC 51 (22 March 2011)

Court

Western Cape High Court, Cape Town

Case number

9478/2008

Judge

Cloete

The court held that the oral agreement as pleaded does not constitute a donation, as the plaintiff agreed not to object to the defendant's building plans, negating the element of pure benevolence required for donation. The agreement also does not constitute an exchange under the Alienation of Land Act, as neither party undertook to transfer a thing to the other; rather, each party agreed to abandon a personal right. The right to object to building plans is not an interest in land, and the defendant provided no authority to the contrary. The court found that the amended declaration is not exci…

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• Alienation Of Land Act
• Servitude Creation
• Oral Agreements
• Exception Procedure

Van Rensburg and Another v Koekemoer and Others (2006/28207)

Van Rensburg and Another v Koekemoer and Others (2006/28207) [2010] ZAGPJHC 91; 2011 (1) SA 118 (GSJ) (11 October 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2006/28207

Judge

C J Claassen

The court held that an oral agreement granting a personal servitude of habitatio over immovable property is unenforceable as it contravenes the writing requirements of section 2(1) of the Alienation of Land Act 68 of 1981. The applicants' reliance on an oral agreement, whether interpreted as a servitude or as a donation of a right of residence, fails to meet the statutory formalities and is thus of no force or effect. The proposed amendment to the particulars of claim does not cure this defect, as it remains reliant on the oral agreement. The exception to the amended particulars of claim is a…

Source excerpt

• Alienation Of Land Act
• Oral Agreements
• Personal Servitude
• Habitatio
• Registration Of Rights

Unterslak and Another v Macsteel Holdings (Pty) Ltd

Unterslak and Another v Macsteel Holdings (Pty) Ltd [2005] ZAGPHC 373; 25533/04 (17 August 2005)

Court

High Courts - Gauteng

Case number

25533/04

Judge

Willis

The High Court refused amendments to particulars of claim, finding them vague, embarrassing, and incapable of supporting a cause of action; the costs were awarded against the plaintiffs.

• Amendment Of Pleadings
• Suretyship
• Oral Agreements
• Vagueness And Embarrassment
• General Law Amendment Act
• Rule 18 Compliance