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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.
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.
Rio Ridge 1121 (Pty) Ltd v Sydwell Shabangu Projects CC and Another (A367/2023) [2024] ZAGPPHC 1054 (30 October 2024)
The High Court held that a valid suretyship signed on the same day substantially fulfilled a suspensive condition, making the loan agreement binding.
Marang Inc (Pty) Ltd v Member of the Executive Council (MEC) for the North West Department of Tourism and Another (1330/2017) [2024] ZANWHC 271 (21 October 2024)
The court found that the agreement between the plaintiff and the defendants was subject to a suspensive condition: payment of the management fee and other amounts was contingent upon the defendants receiving the mandatory grant from CATHSSETA. The plaintiff failed to prove that the mandatory grant was received, and thus no obligation to pay arose. The court rejected the plaintiff's argument that deferment of payment was not a suspensive condition, holding that the contract's terms clearly suspended payment until the grant was received. The special plea regarding service of notice under the In…
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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.
Sheffield Industries CC v Carol Coetzee and Associates Inc and Another (23145/21) [2024] ZAGPPHC 801 (12 August 2024)
The High Court held that the seller repudiated a property sale contract by selling the land to a third party without first offering it to the buyer.
Rudolf Schoeman Landgoed BK v Valco Boerdery (Pty) Ltd (31/2022 and 32/2022) [2024] ZAMPMHC 39 (8 August 2024)
The court found that the clauses in question were suspensive conditions, not mere terms, as evidenced by their explicit wording and the context of negotiations. Valco, by permitting transfer and registration of the properties and paying VAT on the full purchase price before cession, unequivocally waived the suspensive condition. There was no evidence that the R2 million was a quid pro quo for cession, nor was there any provision to that effect in the agreements. The alleged misrepresentation by Schoeman Boerdery was not proven, as Valco was familiar with the requirements for lease cession and…
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Setso Property Fund (Pty) Ltd v Manama (2023/0027101) [2024] ZAGPJHC 592 (21 June 2024)
The court found that the bank's statement constituted 'in principle' approval as required by the suspensive condition in the sale agreement. The statement was delivered prior to the conclusion of the agreement, and both parties had knowledge of the approval at the time of signature. The language of the agreement and the bank's statement supported the interpretation that the suspensive condition was fulfilled timeously, rendering the agreement binding. The court rejected the respondent's argument on non-joinder, holding that the bank had no direct or substantial legal interest in the proceedin…
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Christopher Charles Hughes v Nicolas Gargassoulas and Others (1030/2022) [2024] ZASCA 46 (12 April 2024)
The Supreme Court of Appeal dismissed leave to appeal in a dispute over a sale agreement, finding no valid waiver of a suspensive condition.
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