South Africa Case Law

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387)

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387) [2025] ZAGPPHC 317 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-018387

Judge

BAM

The High Court granted leave to appeal over a dispute about a settlement agreement, including a Rouwkoop clause, pending-litigation wording, and alleged reciprocal breaches.

• Leave To Appeal
• Settlement Agreement
• Rouwkoop Clause
• Reciprocal Obligations
• Contract Interpretation
• Leave-to-appeal

Kondile v Nothnagel NO (49891/2016)

Kondile v Nothnagel NO (49891/2016) [2018] ZAGPPHC 858 (19 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

49891/2016

Judge

Moultrie AJ

The plaintiff failed to prove fraudulent concealment of the absence of a certificate of occupation and the impediments to obtaining it. While the absence and impediments constituted a latent defect, the voetstoots clause exempted the defendant from liability unless dolo malo was established, which was not. The defendant validly cancelled the agreement and invoked the rouwkoop clause, entitling him to retain the deposit. Counterclaims for rates and levies incurred prior to cancellation and interest on the purchase price were upheld as contractual entitlements. Claims for auctioneer's commissio…

Source excerpt

• Rouwkoop Clause
• Voetstoots Clause
• Latent Defect
• Contractual Damages
• Specific Performance
• Conventional Penalties Act

Tshikala and Another v Myburgh and Another (1215/12)

Tshikala and Another v Myburgh and Another (1215/12) [2015] ZAECPEHC 52 (10 September 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1215/12

Judge

Revelas

High Court dispute over a cancelled home sale, a rouwkoop clause, and FICA-related identity proof. The court held the cancellation unlawful and awarded the plaintiffs damages.

• Conventional Penalties Act
• Rouwkoop Clause
• Contract Cancellation
• Specific Performance
• Damages For Breach
• Proof Of Identity

Mnguni v Prima Inspectacar Wonderboom (Pty) Ltd (A609/2012)

Mnguni v Prima Inspectacar Wonderboom (Pty) Ltd (A609/2012) [2015] ZAGPPHC 180 (14 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

A609/2012

Judges

E.M. Kubushi, G. Bofilatos, T. Raulinga

High Court appeal over a vehicle sale deposit succeeded because no valid acceptance of the offer to purchase was communicated; the deposit was recoverable under condictio indebiti.

• Contract Formation
• Unjust Enrichment
• Condictio Indebiti
• Consumer Protection Act
• Rouwkoop Clause
• Contract-formation