South Africa Case Law

Loggenberg NO and Others v Maree and Others (2801/2016)

Loggenberg NO and Others v Maree and Others (2801/2016) [2016] ZAFSHC 205 (23 December 2016)

Court

Free State High Court, Bloemfontein

Case number

2801/2016

Judge

JP Daffue

The court held that the oral agreement relied upon by the applicants for the transfer of the Weltevreden farms was void for non-compliance with section 2(1) of the Alienation of Land Act, which requires such agreements to be in writing and signed by the parties. The particulars of claim did not disclose a cause of action, as the essential terms of the alleged agreement, including the purchase price and financing arrangements, were either undefined or incapable of determination. The court further found that South African law does not recognise an agreement to negotiate a further agreement unle…

Source excerpt

• Formalities In Respect Of Sale Of Land
• Agreement To Agree
• Pactum De Contrahendo
• Vagueness In Contract
• Exception Procedure

Osborne and Another v West Dunes Properties 167 (Edms) Bpk and Others (21985/12)

Osborne and Another v West Dunes Properties 167 (Edms) Bpk and Others (21985/12) [2013] ZAWCHC 84; 2013 (6) SA 105 (WCC) (6 June 2013)

Court

Western Cape High Court, Cape Town

Case number

21985/12

Judge

A P Blignault

The High Court upheld exceptions to particulars of claim, holding that the first plaintiff lacked standing and the sale agreement was void and unrectifiable.

• Alienation Of Land Act
• Rectification Of Contract
• Locus Standi
• Contractual Formalities
• Vagueness In Contract
• Enrichment Claim

Pro Nobis Landgoed (Edms) Bpk. v Amavuba (Pty) Ltd. (231/1984)

Pro Nobis Landgoed (Edms) Bpk. v Amavuba (Pty) Ltd. (231/1984) [1985] ZASCA 119 (19 November 1985)

Court

Supreme Court of Appeal

Case number

231/1984

Judges

Rabie, Jansen, Van Heerden, Grosskopf, Cillié

The Appeal Division dismissed an ejectment appeal, holding the appellant failed to show the respondent was party to the alleged lease and that the alleged agreement was too vague.

• Ejectment
• Oral Lease Agreement
• Vagueness In Contract
• Right Of Retention
• Oral-lease-agreement
• Vagueness-in-contract