South Africa Case Law

Loggenberg and Others v Maree (286/17)

Loggenberg and Others v Maree (286/17) [2018] ZASCA 24 (23 March 2018)

Court

Supreme Court of Appeal

Case number

286/17

Judges

Seriti, Wallis, Swain, Pillay, Schippers

The Supreme Court of Appeal held that the oral agreement between Mr Maree and Mr Loggenberg was not a contract of sale but rather a contract for the benefit of a third party (the Trust), whereby Maree undertook to purchase Weltevreden and transfer it to the Trust upon reimbursement of his costs and repayment of the loan. The agreement did not contemplate a sale to the Trust and thus did not require compliance with section 2(1) of the Alienation of Land Act. The pleadings, reasonably interpreted, disclosed a cause of action capable of enforcement. The court further found that the alleged vague…

Source excerpt

• Alienation Of Land Act
• Oral Agreements
• Exception Procedure
• Contract For Benefit Of Third Party
• Vagueness In Pleadings

Nel v Tsai and Others (40185/09)

Nel v Tsai and Others (40185/09) [2010] ZAGPPHC 83 (30 July 2010)

Court

North Gauteng High Court, Pretoria

Case number

40185/09

Judge

Goodey

The High Court dismissed an exception to particulars of claim, holding that contract interpretation should not be finally decided at exception stage.

• Exception Procedure
• Contract Interpretation
• Vagueness In Pleadings
• Employment Agreement
• Exception-procedure
• Contract-interpretation