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South Africa decisions
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Balatincz v Coetzer N.O and Others (7634/2023) [2025] ZALMPPHC 132 (7 July 2025)
The High Court held that a written sale agreement for a farm was valid and binding, rejecting the seller’s expiry-date challenge and ordering transfer.
Chuene v Favours Cathedral Church (Appeal) (HCAA30/2023) [2025] ZALMPPHC 95 (14 May 2025)
The court found that the sale agreement between the appellant and respondent was valid and enforceable. The appellant admitted to both the conclusion of the sale agreement and receipt of the purchase price. The statutory provisions of the Alienation of Land Act invoked by the appellant, particularly section 29A, were intended to protect purchasers, not sellers. The appellant, as seller, could not rely on these provisions to challenge the validity of the contract. The agreement was in writing, signed by both parties, and contained all essential elements required by law. The court a quo correct…
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8 Mile Investments 120 (Pty) Limited v City of Ekurhuleni Metropolitan Municipality and Another (098237/2023) [2025] ZAGPJHC 169 (21 February 2025)
The High Court refused a postponement and enforced a prior municipal resolution requiring transfer of property to the applicant, with attorney-and-client costs.
Maluluka and Another v Gerber N.O and Others (2023/078290) [2025] ZAGPJHC 100 (9 February 2025)
The High Court granted leave to appeal against an eviction order, finding a reasonable prospect of a different outcome on a deposit-payment issue and a suspensive condition.
Gerber and Others v Maluleke and Others (2023/078290) [2025] ZAGPJHC 9 (15 January 2025)
The High Court granted leave to appeal against an eviction order, finding arguable prospects on payment to the transferring attorney and on a suspensive condition.
Gerber N.O and Others v Maluleka and Others (2023/078290) [2024] ZAGPJHC 1063 (21 October 2024)
The court granted eviction after finding the bond suspensive condition was not timeously met and the misappropriated deposit did not discharge payment obligations.
Genlloud and Others v Van Der Merwe and Others (39708/2020) [2024] ZAGPJHC 661 (20 June 2024)
The High Court dismissed a family challenge to wills and a property sale, finding no proof of lack of testamentary capacity and that the claim had prescribed.
Mosewicka v McLellan (17439/2015) [2023] ZAGPJHC 1342 (21 November 2023)
The High Court held that the defendant must repay the sale consideration, less fire-damage repair costs and limited restitution for a depreciated yacht.
Varachia v Enver NO (28658/2008) [2023] ZAGPJHC 878 (7 August 2023)
The court partly refused leave to amend pleadings where proposed interest claims did not disclose a cause of action against the respondent and would risk excipiability.
Cooper N O and Another v Curro Heights Properties (Pty) Ltd (1300/2021) [2023] ZASCA 66; 2023 (5) SA 402 (SCA) (16 May 2023)
The SCA held that a land sale agreement was void ab initio for non-compliance with section 2(1) of the Alienation of Land Act and lack of consensus on the merx.
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