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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 724

Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015)

Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015) [2025] ZAGPJHC 724 (23 July 2025)

The High Court refused leave to appeal, finding no reasonable prospects of success on the alleged disputes about a power of attorney, property value, or damages.

  • Leave To Appeal
  • Special Power Of Attorney
  • Sale Of Property
  • Tacit Terms
  • Damages Quantification
  • Leave-to-appeal
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Land And Property [2025] ZAGPPHC 434

Taljaard v Stanger N.O and Others (051740/2025)

Taljaard v Stanger N.O and Others (051740/2025) [2025] ZAGPPHC 434 (5 May 2025)

The High Court granted an urgent interim interdict preventing removal of 289 rare cycads pending further proceedings, and ordered disclosure of the third respondent’s contact details.

  • Interim Interdict
  • Urgent Application
  • Contractual Rights
  • Environmental Permits
  • Sale Of Property
  • Personal Information Protection
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Commercial And Corporate [2024] ZAKZDHC 72

Limitless Investments (Pty) Ltd v Maximprops 1007 CC and Another (D7969/2022)

Limitless Investments (Pty) Ltd v Maximprops 1007 CC and Another (D7969/2022) [2024] ZAKZDHC 72 (18 October 2024)

The court held that interest on the R14 million balance accrued to the seller under the sale agreement, granted condonation for a late replying affidavit, and dismissed the application with costs.

  • Contractual Interpretation
  • Condonation
  • Interest On Purchase Price
  • Sale Of Property
  • Contractual-interpretation
  • Interest-on-purchase-price
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Land And Property [2024] ZAGPJHC 527

Mainew CC v Ramashego and Another (2023/023753)

Mainew CC v Ramashego and Another (2023/023753) [2024] ZAGPJHC 527 (30 May 2024)

The court found that the first respondent's occupation of the property was not unlawful. The evidence established that Centenary Trading 11 CC paid the full purchase price for the property to the late Rasool, who was the sole member of the applicant at the time of sale. The first respondent provided proof of payment and a written sale agreement. She became a member of Centenary with a 60% interest and moved into the property with the late Thipe. The applicant failed to substantiate the existence of a lease agreement and did not provide evidence that the occupation was unlawful. Furthermore, M…

  • Eviction
  • Unlawful Occupation
  • Pie Act
  • Sale Of Property
  • Ownership Dispute
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Delict [2023] ZAFSHC 402

AV Theron and Swanepoel Inc and Another v Knott - Appeal (A129/2021)

AV Theron and Swanepoel Inc and Another v Knott - Appeal (A129/2021) [2023] ZAFSHC 402 (19 October 2023)

Appeal and cross-appeal dismissed in a professional negligence dispute arising from incorrect legal advice about consent requirements for a property sale.

  • Professional Negligence
  • Mandate Breach
  • Causation
  • Quantification Of Damages
  • Sale Of Property
  • Attorney Client Relationship
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Civil Procedure [2022] ZAGPPHC 592

Kosmos Ridge Homeowners Association v Nyabonda and Others (009404/2022)

Kosmos Ridge Homeowners Association v Nyabonda and Others (009404/2022) [2022] ZAGPPHC 592 (17 August 2022)

The High Court dismissed an urgent bid to stop payment of sale proceeds from a company-owned property, finding no legal basis to apply them to the first respondent’s debt.

  • Interdict
  • Company Authorisation
  • Trustee Powers
  • Sale Of Property
  • Urgent Application
  • Urgent-interdict
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Civil Procedure [2021] ZAGPPHC 449

Wearine Aggregates (Pty) Ltd v Africa Best' Minerals 146 Limited and Others (21468/ 2021)

Wearine Aggregates (Pty) Ltd v Africa Best' Minerals 146 Limited and Others (21468/ 2021) [2021] ZAGPPHC 449 (6 July 2021)

Urgent application over processed aggregate stockpiles partly succeeded: the applicant was allowed six weeks to measure and value the stockpile, but the other interdictory prayers were refused.

  • Interdictory Relief
  • Urgent Application
  • Unjust Enrichment
  • Sale Of Property
  • Locus Standi
  • Urgent-application
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Commercial And Corporate [2018] ZASCA 41

K2014/49699/07 t/a Teikiedraai Eiendomme (Pty) Ltd v Shell South Africa Marketing (Pty) Ltd and Others (1206/2016)

K2014/49699/07 t/a Teikiedraai Eiendomme (Pty) Ltd v Shell South Africa Marketing (Pty) Ltd and Others (1206/2016) [2018] ZASCA 41 (28 March 2018)

The Supreme Court of Appeal held that the offer of 30 October 2014 did not comply with clause 21 of the lease agreement, as it failed to provide all the identical terms and conditions upon which Hall & Sons was prepared to sell the property to Tiekiedraai. The offer was subject to further terms and conditions yet to be agreed, and thus did not trigger Shell's right of pre-emption. Only upon receipt of the signed sale agreement on 5 December 2014 were the full terms provided, at which point Shell exercised its right of pre-emption within the required 30-day period. Consequently, the sale agree…

  • Right Of Pre Emption
  • Lease Agreement Interpretation
  • Sale Of Property
  • Contractual Terms
  • Specific Performance
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Family And Children [2017] ZAGPJHC 398

Tshamela v Tshamela and Others (31663/2015)

Tshamela v Tshamela and Others (31663/2015) [2017] ZAGPJHC 398 (8 November 2017)

High Court case on pension fund proceeds in a marriage in community of property, dissipation of assets, and an order for repayment or sale of property.

  • Matrimonial Property Act
  • Division Of Joint Estate
  • Dissipation Of Assets
  • Spousal Consent
  • Interdict
  • Sale Of Property
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Civil Procedure [2017] ZAGPJHC 375

De Bruyn v Nel and Others (50948/11)

De Bruyn v Nel and Others (50948/11) [2017] ZAGPJHC 375 (9 May 2017)

The High Court ordered signature of property-sale documents, allowed a deputy sheriff to sign if needed, directed rental to trust, and awarded punitive costs.

  • Specific Performance
  • Sale Of Property
  • Voetstoots Clause
  • Partnership Dispute
  • Auction Sale
  • Specific-performance
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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.