South Africa Case Law

Pritchard v Mvubu and Others (6004/2023)

Pritchard v Mvubu and Others (6004/2023) [2024] ZAFSHC 50 (16 February 2024)

Court

Free State High Court, Bloemfontein

Case number

6004/2023

Judge

Buys, AJ

The court found that the applicant's acceptance of the first respondent's counter-offer was conditional, specifically requiring the purchase price to be held in trust pending transfer of the liquor license. This constituted a counter-offer and not an unconditional acceptance, meaning no binding agreement was concluded. The respondent's denial of consensus on essential terms, including payment of transfer costs, was supported by the evidence. Applying the Plascon-Evans rule, the court held that the respondent's version was not so far-fetched or untenable as to be rejected on the papers. A mate…

Source excerpt

• Contract Formation
• Sale Of Business Assets
• Motion Proceedings
• Material Dispute Of Fact

Legion Lock & Cable CC and Another v Legion Computer Accessories (PTY) LTD and Another (72623/2016)

Legion Lock & Cable CC and Another v Legion Computer Accessories (PTY) LTD and Another (72623/2016) [2018] ZAGPPHC 763 (5 October 2018)

Court

North Gauteng High Court, Pretoria

Case number

72623/2016

Judge

N V Khumalo

The High Court held Jaco Fourie personally liable after finding he used the trust and company structure to frustrate enforcement of a court-ordered debt.

• Piercing The Trust Veneer
• Personal Liability Of Trustee
• Fraudulent Conduct
• Prescription Act
• Sale Of Business Assets
• Personal-liability-of-trustee