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South Africa Case Law

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Land And Property [2015] ZAGPPHC 301

McAlpine and Others v Mashishimane Communal Property Ass. and Another (A547/13)

McAlpine and Others v Mashishimane Communal Property Ass. and Another (A547/13) [2015] ZAGPPHC 301 (25 March 2015)

The High Court upheld an appeal over payment for game and movables sold on a game reserve, finding the debt was due and no State grant condition applied.

  • Sale Of Movable Property
  • Oral And Written Agreement
  • Enforceability Of Contract
  • Failure To Provide List
  • Payment Within Reasonable Time
  • Contract-enforcement
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Land And Property [2012] ZAGPPHC 351

Mcapline and Others v Mashishimane Community Property Association and Another (2009/59675)

Mcapline and Others v Mashishimane Community Property Association and Another (2009/59675) [2012] ZAGPPHC 351 (6 December 2012)

The court found a tacit term that payment for game and movables depended on a business plan and state grant, and granted absolution from the instance with costs.

  • Contractual Tacit Terms
  • Sale Of Movable Property
  • Absolution From The Instance
  • Joinder Of Parties
  • Tacit-terms
  • Contract-interpretation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.