South Africa Case Law

Nkosi and Another v Tuso Attorneys and Another (4957/22)

Nkosi and Another v Tuso Attorneys and Another (4957/22) [2024] ZAGPPHC 113 (6 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

4957/22

Judge

SST Kholong

The court found that material disputes of fact exist regarding whether the applicants authorised the first respondent to disburse R400,000 from the proceeds of the sale as damages for cancellation of the Birchleigh property purchase agreement. The evidence on affidavit is insufficient to resolve these disputes, particularly concerning the mandate, the validity of cancellation, and the application of clause 9.3 of the agreement. The court held that the dispute cannot be resolved on paper and, in the interests of justice, referred the matter to trial for oral evidence to determine whether the a…

Source excerpt

• Sale Of Immovable Property
• Breach Of Contract
• Declaratory Relief
• Dispute Of Fact
• Conveyancing
• Rouwkoop

Birrell v Alexander (A3113/2021)

Birrell v Alexander (A3113/2021) [2022] ZAGPJHC 539 (10 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A3113/2021

Judges

Moorcroft, Mazibuko

The High Court granted condonation, reinstated the appeal, and dismissed both the plaintiff’s claim and the defendant’s counterclaim, with each party paying its own costs.

• Condonation For Late Appeal
• Oral Partnership Agreement
• Contractual Damages
• Non Joinder
• Rouwkoop
• Burden Of Proof

Hodoul v Elzaan Investments CC and Another (54675/2018)

Hodoul v Elzaan Investments CC and Another (54675/2018) [2020] ZAGPPHC 106 (20 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

54675/2018

Judge

E van der Schyff

The High Court referred an opposed motion about an R800,000 property payment dispute to trial because material facts were genuinely in dispute.

• Sale Of Immovable Property
• Contract Cancellation
• Rouwkoop
• Dispute Of Fact
• Motion Proceedings
• Costs Order

Mngani Property 4 (Pty) Ltd v Irwing 514 CC (25322/09)

Mngani Property 4 (Pty) Ltd v Irwing 514 CC (25322/09) [2010] ZAGPJHC 81 (29 March 2010)

Court

South Gauteng High Court, Johannesburg

Case number

25322/09

Judge

B Spilg

The court found that Irwing's cancellation of the agreement was valid, as Mngani failed to provide the required guarantees and payments within the reasonable time contemplated by the agreement and subsequent arrangements. The notice of default, when read in context with ongoing discussions and prior meetings, was sufficient to inform Mngani of its obligations. The applicant's claim that the cancellation amounted to repudiation was rejected as unfounded. The court postponed judgment on Mngani's claim for repayment pending the determination of Irwing's counterclaim for damages, and ordered that…

Source excerpt

• Purchase And Sale Agreement
• Contract Cancellation
• Liquidated And Unliquidated Damages
• Set Off
• Stakeholder Trust
• Rouwkoop