South Africa Case Law

GWK Beperk v Van Jaarsveld (1459/05)

GWK Beperk v Van Jaarsveld (1459/05) [2006] ZANCHC 31 (2 June 2006)

Court

Northern Cape High Court, Kimberley

Case number

1459/05

Judge

C C Williams

The court found that the defendant's affidavit, while lacking in some detail, sufficiently disclosed the essence of his defence: that he attempted to perform in terms of the acknowledgment of debt by tendering lucerne, but was prevented from doing so by the plaintiff's employee. The court was not convinced that the defence was not bona fide or that the defendant was merely playing for time. As such, the strict consequences of summary judgment were not warranted, and the defendant was entitled to defend the action. The acknowledgment of debt constituted a variation of the method and form of pe…

Source excerpt

• Summary Judgment
• Contract Modification
• Performance Impossibility
• Credit Agreement

Krapohl v Oranje Kooperasie Bpk. (625/88)

Krapohl v Oranje Kooperasie Bpk. (625/88) [1990] ZASCA 53; 1990 (3) SA 848 (AD); [1990] 2 All SA 366 (A) (29 May 1990)

Court

Supreme Court of Appeal

Case number

625/88

Judges

Nienaber, Hoexter, Grosskopf, Eksteen, Friedman

The court held that a statutory pledge under section 173 of the Cooperatives Act did not prevent ownership passing or justify repayment of the purchase price.

• Statutory Pledge
• Condictio Indebiti
• Transfer Of Ownership
• Consensus In Contract
• Performance Impossibility
• Statutory-pledge