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South Africa decisions
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Valodia v Cooper Bezuidenhout Inc and Others (2387/2013) [2013] ZAFSHC 143 (29 August 2013)
The High Court found the original sale agreement remained binding, held the respondents repudiated it by dealing with another purchaser, and ordered repayment of the deposit with interest.
Sundays River Valley Municipality v Cinzaco 180 (Pty) Ltd (2864/12) [2013] ZAECPEHC 24 (14 March 2013)
The court found that the Addo Land Availability Agreement was concluded without compliance with the statutory and regulatory requirements for the disposal of municipal property, including the absence of council and Bid Adjudication Committee resolutions, lack of a supply chain management policy, and inadequate public notification and participation. The affidavits of the applicant's officials were accepted as sufficiently based on personal knowledge and investigation, not inadmissible hearsay. The respondent's estoppel argument was rejected, as estoppel cannot be used to sanction an illegality…
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Dazzletide Trading (Pty) Ltd v Yusuf Ismail Attorneys Incorporated and Others (1413/2012) [2012] ZAKZDHC 76 (2 November 2012)
High Court case on restitution of a property-sale deposit after cancellation, where the seller had used funds held in trust contrary to the agreement.
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