South Africa Case Law

Leano Construction Solutions (Pty) Ltd v PGJ Properties (Pty) Ltd (435/2019)

Leano Construction Solutions (Pty) Ltd v PGJ Properties (Pty) Ltd (435/2019) [2023] ZAFSHC 280 (19 July 2023)

Court

Free State High Court, Bloemfontein

Case number

435/2019

Judge

Loubser

The court found, on a balance of probabilities, that an oral agreement was concluded between the plaintiff and the defendant on 29 November 2017 for a loan of R500,000.00, repayable on demand. The evidence showed that the plaintiff transferred the funds to the defendant, and the defendant distributed the money to various entities, indicating acceptance and use of the funds. Even if no express oral agreement was reached, the conduct of the parties established a tacit contract, as the defendant did not reject the payment and made use of the funds. The defendant's reliance on the minutes of the…

Source excerpt

• Oral Contract
• Loan Agreement
• Tacit Contract
• Repayment On Demand

Nel v Nel (937/2005)

Nel v Nel (937/2005) [2008] ZAGPHC 190 (12 May 2008)

Court

High Courts - Gauteng

Case number

937/2005

Judge

D A Basson

The High Court found that a R500,000 informal family loan was proved on a balance of probabilities and ordered repayment with interest from demand.

• Loan Agreement
• Repayment On Demand
• Interest On Debt
• Loan-agreement
• Repayment-on-demand
• Interest-on-debt

Pretorius NO v Stanlib Wealth Management Ltd. (380/06)

Pretorius NO v Stanlib Wealth Management Ltd. (380/06) [2007] ZASCA 77; [2007] SCA 77 (RSA) (31 May 2007)

Court

Supreme Court of Appeal

Case number

380/06

Judges

Scott, Brand, Lewis, Combrinck, Theron

The Supreme Court of Appeal held that an oral investment contract was proved, Cloete had authority to bind Stanlib, and the trusts were entitled to repayment.

• Oral Contract
• Authority Of Agent
• Investment Fund
• Repayment On Demand
• Rectification Of Allocation
• Oral-contract