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South Africa decisions
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Gravitek CC v Cartmel Investments CC and Others (7526/2015) [2019] ZAKZDHC 11 (21 June 2019)
The court confirmed re-registration of a deregistered close corporation, but referred a dispute over transfer of immovable property and a resolutive condition to oral evidence.
Edani and Another v Pioen 1153 (Pty) Ltd and Another (3016/2018) [2018] ZAGPPHC 898 (27 November 2018)
The court dismissed an urgent application to interdict transfer of two units, holding that the applicants’ sale agreements had lapsed when resolutive bond conditions were not met.
Lipidsana DLO Products (Pty) Ltd v Kamfer (A620/2015) [2018] ZAGPPHC 720 (22 March 2018)
The High Court held that a marketing agreement ended on failure of a resolutive condition, entitling the respondent to a refund and dismissing the appeal.
Chikala and Others v Tovani Trading 269 CC and Others (56834/15) [2017] ZAGPPHC 155 (15 March 2017)
The court set aside a sale in execution after finding a resolutive condition in the sale terms had been fulfilled, making the transfer invalid.
Boshoff N.O v Carenet Properties (Pty) Ltd (57562/13) [2016] ZAGPPHC 761 (26 August 2016)
The High Court held that a contract for a life right was subject to a negative resolutive condition. Because transfer did not occur by the deadline, the agreement dissolved and the loan had to be repaid.
Cohen v Malembe and Another (13/28876) [2015] ZAGPJHC 269 (17 November 2015)
Opposed motion over a disputed property agreement and alleged loan was referred to trial because key facts about repayment and the true nature of the transaction were unresolved.
Comwezi Security Services (Pty) Ltd and Another v Cape Empowerment Trust Ltd (182/13) [2014] ZASCA 22 (28 March 2014)
The Supreme Court of Appeal held that Comwezi's refusal to cooperate in the due diligence investigation constituted a wrongful repudiation of the settlement agreement. CET, as the innocent party, elected not to accept the repudiation and insisted on performance. The court found that CET's obligation to complete the due diligence investigation within the stipulated period was suspended due to Comwezi's breach, as CET could not perform without Comwezi's cooperation. The principle that a party cannot benefit from its own wrongful conduct was applied, and the court rejected Comwezi's attempt to r…
Source excerpt
Comwezi Security Services (Pty) Ltd and Another v Cape Empowerment Trust Ltd (759/2011) [2012] ZASCA 126 (21 September 2012)
The Supreme Court of Appeal held that a contractual power to “relax” a resolutive condition included extending the due diligence deadline, so the settlement stayed in force.
Sentinel Mining Industry Retirement Fund and Another v Waz Props (Pty) Ltd and Another (779/11) [2012] ZASCA 124; 2013 (3) SA 132 (SCA) (21 September 2012)
The SCA held that a contract to contribute to a road upgrade lapsed if the project was not completed by 1 April 2009, and the guarantee should not have been called.
ESG Recruitment CC v Tsatsimpe NO and Others (JR 1601/06) [2008] ZALC 183 (11 July 2008)
The Labour Court reviewed and set aside an arbitration award that treated the end of a temporary employment assignment as a dismissal.
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