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South Africa Case Law

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Civil Procedure [2024] ZAWCHC 158

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
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Land And Property [2015] ZANCHC 30

Van Dyk N.O. en Ander v Vaalharts Boerdery BK (CA&R78/2014)

Van Dyk N.O. en Ander v Vaalharts Boerdery BK (CA&R78/2014) [2015] ZANCHC 30 (7 August 2015)

Court
Northern Cape High Court, Kimberley
Case number
CA&R 78/2014
Judges
Williams, Erasmus

The High Court upheld an appeal by trustees of a trust, finding the respondent still owed the outstanding balance under an oral agreement and sale arrangement.

  • Oral Agreement
  • Trustee Liability
  • Payment Of Debt
  • Third Party Benefit
  • Burden Of Proof
  • Oral-agreement
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.