South Africa Case Law

SIDZ Motorcycles Racing (Pty) Ltd v Chemaly N.O and Others (6862/2024)

SIDZ Motorcycles Racing (Pty) Ltd v Chemaly N.O and Others (6862/2024) [2025] ZAFSHC 136 (14 May 2025)

Court

Free State High Court, Bloemfontein

Case number

6862/2024

Judge

Benade AJ

Condonation for the late filing of the respondents' opposing affidavit was granted, as the delay was not inordinate and did not cause serious prejudice to the applicant, despite the poor explanation. On the merits, the court found that the second respondent was not duly authorised to bind the Michael Family Trust, as the trustees did not act jointly and no written authority was provided. The respondents' version was not implausible or far-fetched and could not be rejected on the papers. The applicant's reliance on estoppel was dismissed, as it was raised for the first time in reply, causing p…

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• Condonation
• Authority Of Trustees
• Alienation Of Land Act
• Estoppel
• Public Auction
• Costs Order

Kingston v Msimang and Others (13623/22)

Kingston v Msimang and Others (13623/22) [2023] ZAGPPHC 1948 (27 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

13623/22

Judge

E van der Schyff

The court found that the applicant, as co-owner, has the necessary locus standi to seek eviction of the first respondent and other occupiers. The first respondent, as executor, does not acquire ownership rights and is not entitled to occupy the property. The JVA governs the sale of the property after the death of one party, requiring sale by public auction since no agreement was reached for a private sale within the stipulated period. The enforcement of the JVA does not offend public policy or constitutional rights, as the family may retain the home by purchasing the applicant's share. No rea…

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• Eviction
• Co Ownership
• Administration Of Estates Act
• Joint Venture Agreement
• Public Auction
• Locus Standi

Marogoa v Marogoa and Others (101/2022)

Marogoa v Marogoa and Others (101/2022) [2023] ZAFSHC 17 (24 January 2023)

Court

Free State High Court, Bloemfontein

Case number

101/2022

Judge

C Reinders

High Court ordered termination of joint ownership of inherited immovable properties and directed sale by public auction, with proceeds split equally and costs against the respondents.

• Termination Of Joint Ownership
• Division Of Property
• Public Auction
• Costs Order
• Termination-of-joint-ownership
• Co-ownership

Mabotja v Standard Bank of South Limited (12534/19)

Mabotja v Standard Bank of South Limited (12534/19) [2020] ZAGPPHC 398 (4 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

12534/19

Judge

Fabricius

The High Court transferred a bank debt dispute from Pretoria to the High Court of Limpopo sitting in Polokwane, finding that forum more convenient and making no costs order.

• Jurisdiction
• Transfer Of Proceedings
• Vehicle Finance
• Public Auction
• Transfer-of-proceedings
• Vehicle-finance

Absa Bank Ltd v Universal Pulse Trading and Others (2011 (5) SA 80 (WCC))

Absa Bank Ltd v Universal Pulse Trading and Others (2011 (5) SA 80 (WCC)) [2011] ZAWCHC 260; 20806/2010 (8 June 2011)

Court

Western Cape High Court, Cape Town

Case number

20806/2010

Judge

S Olivier

The court held that once bidding commenced at a public auction without reserve, the sheriff was not entitled to halt the auction upon oral instruction from the applicant. The sheriff's authority derives from Uniform Rule of Court 46 and common law principles governing auctions. The sheriff is not the agent of the execution creditor but acts as an executive of the law. The applicant's attempt to withdraw from the auction or halt the process was contrary to the principles of public auction without reserve and would have prejudiced the rights of other bidders. No reviewable irregularity was esta…

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• Sale In Execution
• Public Auction
• Sheriff Authority
• Withdrawal Of Auction
• Reviewable Irregularity

ABSA Bank Ltd v Universal Pulse Trading Figures 45 (Pty) Ltd and Others (20806/2010)

ABSA Bank Ltd v Universal Pulse Trading Figures 45 (Pty) Ltd and Others (20806/2010) [2011] ZAWCHC 562 (8 June 2011)

Court

Western Cape High Court, Cape Town

Case number

20806/2010

Judge

Sven Olivier

The court held that once bidding has commenced in a public auction without reserve, it is no longer open to the sheriff to halt the auction upon oral instruction from the execution creditor. The sheriff acts as an executive of the law under Rule 46 of the Uniform Rules of Court and is not the agent of the execution creditor. The principles governing public auctions dictate that withdrawal is not permitted after the article has been put up for sale and bidding has started. The applicant's argument that the sheriff's conduct constituted a reviewable irregularity was rejected, as no statutory or…

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• Sale In Execution
• Public Auction
• Sheriff Authority
• Withdrawal Of Auction
• Rule 46 Uniform Rules
• Reviewable Irregularity

Lacelot Fuelbiz Stellenbosch (Pty) Ltd v Van Zyl NO and Others (22745/2010)

Lacelot Fuelbiz Stellenbosch (Pty) Ltd v Van Zyl NO and Others (22745/2010) [2010] ZAWCHC 632 (20 December 2010)

Court

Western Cape High Court, Cape Town

Case number

22745/2010

Judge

Blignault

The High Court interpreted a settlement clause about a failed property auction and held it did not give the applicant an enforceable right to buy the property for R9 million.

• Liquidation Sale
• Contract Interpretation
• Public Auction
• Enforceability Of Options
• Contract-interpretation
• Liquidation-sale

Gibbs and Another v Vantyi and Others (2555/07)

Gibbs and Another v Vantyi and Others (2555/07) [2009] ZAECPEHC 23; 2010 (2) SA 606 (ECP) (25 May 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2555/07

Judge

J C H Jansen

The court found that the process contemplated by Clause 28 of the Conditions of Sale, which allowed for private bargaining and improved offers after the public auction, was distinct from the public auction itself. The oral agreement reached on 19 September 2005 was not concluded at a public auction as required by section 3(1) of the Alienation of Land Act. Therefore, the agreement was subject to section 2(1), which requires that agreements for the sale of land be in writing. As the agreement was not reduced to writing, it was invalid. Consequently, the plaintiffs were entitled to repayment of…

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• Alienation Of Land Act
• Formalities Of Sale Of Land
• Public Auction
• Oral Agreement
• Right Of First Refusal

Andre Fechter Beleggings BK v Fechter (7794/2007)

Andre Fechter Beleggings BK v Fechter (7794/2007) [2008] ZAWCHC 285 (4 November 2008)

Court

Western Cape High Court, Cape Town

Case number

7794/2007

Judge

Fourie R

High Court order terminating joint ownership of Knysna property and directing sale by public auction after the parties’ relations broke down.

• Division Of Joint Property
• Public Auction
• Costs Order
• Division-of-joint-property
• Public-auction
• Costs-order