South Africa Case Law

C.M.M v Discovery Life (2023-013519)

C.M.M v Discovery Life (2023-013519) [2024] ZAGPPHC 989 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-013519

Judge

Williams

The applicant lacks locus standi to claim benefits under the Group Life Policy, as there is no privity of contract between her (or the deceased employee) and the respondent insurer. The policy was concluded between the respondent and the employer, with benefits payable to the employer according to its instructions. The doctrine of stipulatio alteri does not apply, as there was no acceptance of benefit by the applicant or her daughter that would make them contracting parties. The respondent's requirement for an Unabridged Birth Certificate as proof of paternity is a valid contractual precondit…

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• Group Life Policy
• Locus Standi
• Stipulatio Alteri
• Contractual Privity
• Specific Performance

Lotter v Trustees for Time Being of Phildi Trust (13754/2023)

Lotter v Trustees for Time Being of Phildi Trust (13754/2023) [2024] ZAWCHC 158 (7 June 2024)

Court

Western Cape High Court, Cape Town

Case number

13754/2023

Judge

J Cloete

The High Court upheld an exception to a trust’s claim under a divorce settlement, finding no pleaded acceptance of a third-party benefit and an invalid pactum successorium.

• Stipulatio Alteri
• Pactum Successorium
• Contract Interpretation
• Third Party Benefit
• Rectification Of Contract
• Exception

Intshebe Props 7 (Pty) Ltd v Ekurhuleni Metropolitan Municipality and Another (16815/22)

Intshebe Props 7 (Pty) Ltd v Ekurhuleni Metropolitan Municipality and Another (16815/22) [2024] ZAGPPHC 514 (3 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

16815/22

Judge

Barit

The court found that the particulars of claim did not disclose a cause of action and were vague and embarrassing, as they relied on concepts such as stipulatio alteri, consolidation, ring-fencing, and compromise, which were not present in the Acknowledgement of Debt (AOD). The AOD was a simple promise by Keech to pay the municipality and did not absolve Intshebe, the account holder, from liability. Intshebe's attempt to use the AOD to escape liability was unfounded and confusing. The court granted condonation for the municipality's late filing of the exception, as the explanation for the dela…

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• Exception Procedure
• Condonation For Late Filing
• Stipulatio Alteri
• Acknowledgement Of Debt
• Vague And Embarrassing Pleading

Pacheco and Another v Louis and Another (2023/120101)

Pacheco and Another v Louis and Another (2023/120101) [2023] ZAGPJHC 1461 (18 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/120101

Judge

G S Myburgh

Urgent property-sale dispute: the court held the applicants had not shown a prima facie right because the amended land-sale agreement was not signed by the seller.

• Alienation Of Land Act
• Interim Interdict
• Prima Facie Right
• Contract Of Sale
• Stipulatio Alteri
• Alienation-of-land-act

Bekker N.O and Another v L and J Gemmel Plant Services (Pty) Ltd (29564/2022)

Bekker N.O and Another v L and J Gemmel Plant Services (Pty) Ltd (29564/2022) [2023] ZAGPPHC 1922 (15 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

29564/2022

Judge

Noko

The High Court held that post-liquidation payments made by Diesel Power to the respondent were void dispositions and set them aside under section 341(2).

• Void Disposition
• Liquidation Payments
• Stipulatio Alteri
• Adiectus Solutionis Causa
• Companies Act Section 341
• Plant Hire Agreement

Kometsi N.O. and Others v Kopano Uitkyk Farming Enterprise (Pty) Ltd (223/2023)

Kometsi N.O. and Others v Kopano Uitkyk Farming Enterprise (Pty) Ltd (223/2023) [2023] ZAFSHC 401 (19 October 2023)

Court

Free State High Court, Bloemfontein

Case number

223/2023

Judge

P R Cronjé

The court found that the requirements for lis pendens were satisfied due to the existence of pending litigation involving substantially the same parties and issues relating to the rights of possession and use of the property. The disputes regarding the joint venture and stipulatio alteri were both factual and legal in nature and could not be resolved on the papers. The court exercised its discretion to stay the proceedings and postpone the main application pending the outcome of the related cases. The applicants failed to demonstrate reasonable prospects of success on appeal, and the exercise…

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• Lis Pendens
• Joint Venture
• Stipulatio Alteri
• Eviction
• Lease Agreement
• Judicial Discretion

Stassen N.O and Others v Chemaly N.O and Others (5526/222)

Stassen N.O and Others v Chemaly N.O and Others (5526/222) [2023] ZAFSHC 383 (6 October 2023)

Court

Free State High Court, Bloemfontein

Case number

5526/2022

Judge

Van Rhyn

The court found that the Applicant Trust did not strictly comply with the cancellation procedure prescribed by the Sub-Lease and the undertaking FA10. The Applicant Trust had routinely afforded the Respondent Trust extended periods to remedy breaches, creating a pattern of indulgence and representations inconsistent with strict enforcement. FA10 constituted a stipulatio alteri in favour of FirstRand Bank, binding the Applicant Trust to provide an additional 20 days' notice after the initial period before cancellation. The cancellation effected by the Applicant Trust was premature, as the Resp…

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• Lease Cancellation
• Stipulatio Alteri
• Public Policy In Contract
• Non Variation Clause
• Mortgage Bond Rights
• Deeds Registries Act

Naidoo and Another v Wakefields Real Estate (Pty) Limited (AT638/17)

Naidoo and Another v Wakefields Real Estate (Pty) Limited (AT638/17) [2023] ZAKZPHC 95 (22 September 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AT638/17

Judges

Henriques, Mlaba

High Court appeal over estate agent commission dismissed. The court held the agreement was binding, the amended commission clause caused no prejudice, and no iustus error was proved.

• Estate Agent Commission
• Alienation Of Land Act
• Caveat Subscriptor
• Stipulatio Alteri
• Misrepresentation
• Iustus Error

Kopano Uitkyk Farming Enterprise (Pty) Ltd v National Government of the Republic of South Africa and Others (3805/2022)

Kopano Uitkyk Farming Enterprise (Pty) Ltd v National Government of the Republic of South Africa and Others (3805/2022) [2023] ZAFSHC 77 (16 March 2023)

Court

Free State High Court, Bloemfontein

Case number

3805/2022

Judge

Van Zyl

The court found that the applicant failed to establish the requisite urgency for the application to be heard on an urgent basis. The correspondence relied upon by the applicant did not constitute a real or imminent threat of eviction or unlawful interference, and any potential eviction would be subject to due legal process, affording the applicant substantial redress in due course. The applicant also failed to cite the trustees of the Kopano Uitkyk No. 2 Trust, who had a direct and substantial interest in the dispute, necessitating their intervention and joinder as respondents. The costs of b…

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• Urgent Interdict
• Joinder Of Parties
• Locus Standi
• Agricultural Lease
• Stipulatio Alteri

Oosthuizen N.O v D.J.P.B and Others (20665/2021)

Oosthuizen N.O v D.J.P.B and Others (20665/2021) [2023] ZAGPPHC 30 (24 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

20665/2021

Judge

L. Coetzee

The High Court held that a divorce settlement clause directing a pension to minor children upon death was an invalid pactum successorium and unenforceable against the estate.

• Pactum Successorium
• Stipulatio Alteri
• Divorce Settlement
• Pension Interest
• Estate Claims
• Pactum-successorium