South Africa Case Law

D.T.M and Another v M.C Van Der Berg Attorneys and Others (2025/028096)

D.T.M and Another v M.C Van Der Berg Attorneys and Others (2025/028096) [2025] ZAGPPHC 387 (4 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/028096

Judge

E.M Kubushi

The court found that while a case may have been made out for the preservation of the funds, the relief sought was improper as the funds were not in the possession of the First or Second Respondent, but with the Third Respondent, against whom no relief was sought in the founding papers. The Applicants attempted to rely on the prayer for further and/or alternative relief to amend their claim at the hearing, but this was not justified by the facts set out in the founding affidavit and was procedurally irregular. The court held that such an amendment, sought at a late stage without proper notice…

Source excerpt

• Urgent Interdict
• Preservation Of Funds
• Amendment Of Notice Of Motion
• Divorce Settlement
• Trust Account
• Procedural Irregularity

Pax Oil Verkope CC v Harringtons Ingelyf and Another (A220/2005)

Pax Oil Verkope CC v Harringtons Ingelyf and Another (A220/2005) [2006] ZAFSHC 28 (21 September 2006)

Court

Free State High Court, Bloemfontein

Case number

A220/2005

Judges

C.H.G. Van der Merwe, G.A. Hattingh, C. Van Zyl

The court held that the first respondent had to pay the sale proceeds to the appellant and that drawing a cheque did not amount to payment.

• Mandate
• Breach Of Contract
• Payment Obligation
• Trust Account
• Principal Agent Relationship
• Breach-of-contract