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Nigsa Property Investment (Pty) Ltd v Acting Sheriff for Randburg Southwest (16189/2012) [2024] ZAGPPHC 1309 (10 December 2024)
A purchaser in execution sought refund of occupational rent and amendment of the sheriff’s distribution plan, but the High Court dismissed the application.
Griesel and Others v Haasbroek (538/2016) [2017] ZASCA 39 (30 March 2017)
The Supreme Court of Appeal held that Haasbroek had expressly assumed the risk of death to a buffalo during sedation, making the purchase price payable.
Griesel and Others v Haasbroek and Another (09/2015) [2016] ZANWHC 8 (10 March 2016)
The court held that the contract of sale between Dr Griesel and Mr Haasbroek was not perfected, as it was subject to a suspensive condition—the requirement that the buffalo test negative for certain diseases before delivery. Since the blood tests were not conducted due to the buffalo's death, the condition was not fulfilled and the sale remained imperfecta. Consequently, the risk of loss did not pass to Mr Haasbroek. Furthermore, even if the sale had been perfected, the risk would not have passed to the purchaser where the loss was caused by the seller's fault. The court found that Dr Griesel…
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Fraser NO and Others v Amalgamated Brokers CC (7806/2011) [2012] ZAKZPHC 78 (27 June 2012)
The court found that the respondent received the letter of demand, as evidenced by the post office confirmation and the respondent's lack of denial. Strict compliance with the statutory method of service is unnecessary where the respondent is effectually notified. The respondent failed to pay the debt demanded, satisfying the statutory test for inability to pay debts. The transaction was characterized as a purchase and sale rather than agency, based on the respondent's conduct, documentation, and the levying of VAT. The respondent acted negligently by paying the supplier without adequate veri…
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B C Plant Hire cc t/a B C Carriers v Grenco (SA) (PTY) Ltd (1090/2002) [2003] ZAWCHC 70; [2004] 1 All SA 612 (C); 2004 (4) SA 550 (C) (12 December 2003)
The court found that, despite the parties' confusion and poor pleadings, the substance of their agreement was one of purchase and sale, with the respondent supplying and installing the refrigeration unit for the appellant. The risk of destruction passed to the appellant once the contract became unconditional and the unit was delivered and used by the appellant. The appellant's failure to insure the unit was its own responsibility, and the respondent was entitled to payment for the unit despite its destruction prior to financing. The court rejected arguments based on deposit, loan for use, or…
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