South Africa Case Law

Avbob Mutual Assurance Society v Mkhonza and Others (A26/2025; A2024-138760)

Avbob Mutual Assurance Society v Mkhonza and Others (A26/2025; A2024-138760) [2025] ZAGPPHC 739 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A26/2025; A2024-138760

Judges

Wright, Van Der Westhuizen, Kooverjie

The court found that Avbob, with its experience and professional assistance, made an informed choice to proceed with the transaction and occupy the property, despite the suspensive conditions not being fulfilled. Avbob's lengthy delay of 29 months before seeking to enforce the suspensive conditions and cancel the agreement constituted a waiver of its right to cancel. The evidence showed that Avbob was aware of the requirements and repeatedly requested compliance but failed to act for an extended period. The court held that Avbob could not escape the consequences of its inaction and was bound…

Source excerpt

• Sale Of Immovable Property
• Suspensive Conditions
• Waiver By Election
• Breach Of Warranty
• Delay In Cancellation

A V Theron and Swanepoel Incorporated and Another v Knott (237/2024)

A V Theron and Swanepoel Incorporated and Another v Knott (237/2024) [2025] ZASCA 84 (10 June 2025)

Court

Supreme Court of Appeal

Case number

237/2024

Judges

Mocumie, Kathree-Setiloane, Smith, Dawood, Henney

The Supreme Court of Appeal held that the respondent failed to prove damages from negligent legal advice because the two sale agreements were not comparable.

• Breach Of Mandate
• Damages Calculation
• Contractual Negligence
• Sale Of Immovable Property
• Breach-of-mandate
• Contractual-damages

Gao and Another v Louw N.O and Others (077838/25)

Gao and Another v Louw N.O and Others (077838/25) [2025] ZAGPPHC 623 (10 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

077838/25

Judge

Strijdom

The High Court dismissed an urgent bid to stop transfer of a property, finding no prima facie right, irreparable harm, or balance of convenience in the applicants’ favour.

• Interim Interdict
• Sale Of Immovable Property
• Contractual Breach
• Mora Ex Persona
• Transfer Of Property
• Interim-interdict

Mamokuthu Development CC v Cas Dry Attorneys Inc and Others (919/2020)

Mamokuthu Development CC v Cas Dry Attorneys Inc and Others (919/2020) [2025] ZAMPMBHC 34 (8 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

919/2020

Judge

TV Ratshibvumo

The court found that the applicant’s proposed amendment does not constitute a withdrawal of admissions, as the paragraphs in question do not contain unequivocal admissions and are disputed by the respondents in their plea. The amendment does not introduce a new cause of action but clarifies the existing claim. The respondents failed to demonstrate any real prejudice that would result from the amendment, especially as the trial has not commenced and no witnesses have been released based on the alleged admissions. The court held that Rule 28 allows for the amendment of pleadings, including the…

Source excerpt

• Amendment Of Pleadings
• Prescription
• Withdrawal Of Admissions
• Sale Of Immovable Property
• Interest Bearing Accounts

I.M.R v N.M.D (2024/014513)

I.M.R v N.M.D (2024/014513) [2025] ZAGPJHC 464 (5 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/014513

Judge

S Aucamp

The High Court ordered a spouse to cooperate in selling a jointly owned home pending divorce, with proceeds held in trust after bond settlement.

• Customary Marriage
• Joint Ownership
• Forfeiture Of Benefits
• Urgent Interdict
• Lis Pendens
• Sale Of Immovable Property

Mahmood v Sohawon and Another (939/2023)

Mahmood v Sohawon and Another (939/2023) [2025] ZAMPMHC 24 (10 April 2025)

Court

Middelburg High Court, Mpumalanga

Case number

939/2023

Judge

MBG Langa

The High Court ordered specific performance of a property sale after finding the sellers’ cancellation invalid and treating their conduct as repudiation.

• Specific Performance
• Repudiation Of Contract
• Lex Commissoria
• Sale Of Immovable Property
• Contract Interpretation
• Specific-performance

Sithole v Ngwenya and Others (1248/2025)

Sithole v Ngwenya and Others (1248/2025) [2025] ZAMPMBHC 23 (27 March 2025)

Court

Mbombela High Court, Mpumalanga

Case number

1248/2025

Judge

Shai

The High Court found the matter urgent and ordered specific performance in a property sale, compelling transfer documents and repayment of R10 000.

• Specific Performance
• Sale Of Immovable Property
• Urgent Interdict
• Pacta Sunt Servanda
• Transfer Of Property
• Occupational Rent

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (7118/2023)

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (7118/2023) [2024] ZAWCHC 426 (13 December 2024)

Court

Western Cape High Court, Cape Town

Case number

7118/2023

Judge

Parker

The High Court held that RE/MAX Living was the effective cause of a property sale and ordered the sellers to pay its commission, despite later involvement by another agent.

• Estate Agent Commission
• Effective Cause
• Joint Mandate
• Contractual Interpretation
• Sale Of Immovable Property
• Estate-agent-commission

Tshoma and Another v Phala N.O and Others (11223/21)

Tshoma and Another v Phala N.O and Others (11223/21) [2024] ZAGPJHC 1211 (26 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

11223/21

Judge

S Aucamp

The High Court dismissed an application to cancel a property sale and transfer, holding that a necessary party had not been served and the founding papers were inadequate.

• Sale Of Immovable Property
• Fraud In Property Transactions
• Motion Proceedings
• Service On Necessary Parties
• Property-law
• Fraud

Giannakis v Sithole (2020/17987)

Giannakis v Sithole (2020/17987) [2024] ZAGPJHC 1021 (9 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/17987

Judge

E Eksteen

The court found that the respondent's delay in filing her declaration was not reckless or intentional, but rather the result of lack of legal representation and financial constraints following her attorneys' withdrawal. The respondent, a lay person, did not appreciate the consequences of non-compliance with the March 2021 order. The declaration attached to her affidavit evidenced her bona fide intention to proceed. The applicant had accepted Mr Buku’s late declaration, which was on par with the respondent’s, negating any prejudice to the applicant or the court. The interests of justice requir…

Source excerpt

• Condonation
• Upliftment Of Bar
• Striking Out Of Claim
• Executor Locus Standi
• Sale Of Immovable Property