South Africa Case Law

Hillingdale Capital (Pty) Ltd v Dust-A-Side Holdings (Pty) Ltd and Another (065752/2024)

Hillingdale Capital (Pty) Ltd v Dust-A-Side Holdings (Pty) Ltd and Another (065752/2024) [2024] ZAGPPHC 1261 (2 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

065752/2024

Judge

GN Moshoana

The court found that a serious and genuine dispute of fact exists regarding the validity of the Service Level Agreement, specifically in relation to the defence of economic duress raised by the respondent. Such disputes are incapable of resolution on affidavit and require oral evidence. The applicant was aware, or ought to have been aware, of the foreseeable dispute prior to launching motion proceedings, especially after the respondent's explicit challenge to the contract's validity. Accordingly, the court invoked rule 6(5)(g) of the Uniform Rules and referred the matter to trial, directing t…

Source excerpt

• Specific Performance
• Economic Duress
• Validity Of Contract
• Motion To Trial Conversion
• Costs Order

Mahlaba v Dihlabeng Local Municipality and Others (779/2021)

Mahlaba v Dihlabeng Local Municipality and Others (779/2021) [2023] ZAFSHC 490 (21 December 2023)

Court

Free State High Court, Bloemfontein

Case number

779/2021

Judge

J F Hefer

The High Court held that a 2001 sworn affidavit constituted a valid donation of property, and found the applicant entitled to transfer, but not a present ownership declaration.

• Donation Of Immovable Property
• Validity Of Contract
• Transfer Of Title
• Declaratory Relief
• Donation-of-immovable-property
• Transfer-of-title

Hassen v Govender and Others (2021/6723)

Hassen v Govender and Others (2021/6723) [2023] ZAGPJHC 1370 (24 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/6723

Judge

P Stais

The High Court upheld an instalment sale of immovable property from a deceased estate, ordered transfer to the purchaser, and awarded attorney-and-client costs.

• Alienation Of Land Act
• Sale Of Immovable Property
• Validity Of Contract
• Repudiation
• Estate Administration
• Alienation-of-land-act

Jackpot Diamonds (Pty) Ltd v Reabetsoe Motsepe Diamonds and Minerals (Pty) Ltd (2022-005679)

Jackpot Diamonds (Pty) Ltd v Reabetsoe Motsepe Diamonds and Minerals (Pty) Ltd (2022-005679) [2023] ZAGPJHC 506 (18 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-005679

Judge

Thompson

The High Court declared a funding and diamond-exploration agreement valid and enforceable, rejecting claims that it was void or premature.

• Validity Of Contract
• Mining Rights Transfer
• Shareholding Agreement
• Declaratory Relief
• Validity-of-contract
• Declaratory-relief

Wolfaardtt v Venter and Others (2019/11134)

Wolfaardtt v Venter and Others (2019/11134) [2022] ZAGPJHC 102 (28 February 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2019/11134

Judge

M Bezuidenhout

The court held that an earlier urgent interdict ruling did not finally decide the validity of two agreements, and referred the dispute to trial.

• Alienation Of Land Act
• Subdivision Of Agricultural Land Act
• Contract Rectification
• Declaratory Relief
• Validity Of Contract
• Interim Interdict

Tomlinson and Another v Tomlinson N.O and Others (11764/2015)

Tomlinson and Another v Tomlinson N.O and Others (11764/2015) [2021] ZAKZDHC 8 (19 March 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

11764/2015

Judge

Olsen

The court held that the agreement concluded on 25 October 2013 between Mrs Tomlinson and the applicants for the sale of her undivided half share in Erf 110 Ifafa was valid and binding, provided that the signatures on the agreement are proven to be hers. The fact that Mrs Tomlinson was not yet vested with dominium of the half share at the time of contracting did not render the agreement invalid, as South African law does not require the seller to be the owner at the time of sale. The Alienation of Land Act does not impose a requirement that the deed of sale be signed by the owner or someone au…

Source excerpt

• Alienation Of Land Act
• Sale Of Immovable Property
• Community Of Property
• Executor Powers
• Validity Of Contract

Snyders N.o as trustee of Louis Snyders Familie Trust v Louistef (Pty) Ltd and Others (56178/2014)

Snyders N.o as trustee of Louis Snyders Familie Trust v Louistef (Pty) Ltd and Others (56178/2014) [2015] ZAGPPHC 583; 2016 (1) SA 123 (GP) (17 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

56178/2014

Judge

Janse van Nieuwenhuizen

The High Court held that a petroleum site licence is not a tradable asset. The sale agreement for the licence was declared null and void, and the counterclaim failed.

• Validity Of Contract
• Merx Or Res Vendita
• Petroleum Products Act
• Licence Transfer
• Statutory Interpretation
• Merx-or-res-vendita

Old Mutual Assurance Company v Tycoon Trading Enterprise CC trading as Copper Chimney Restaurant (13481/2012)

Old Mutual Assurance Company v Tycoon Trading Enterprise CC trading as Copper Chimney Restaurant (13481/2012) [2012] ZAKZDHC 100 (14 December 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

13481/2012

Judge

Mbatha

The High Court granted ejectment after finding no proved oral five-year lease renewal and ordered the respondent to vacate within five days.

• Oral Lease Agreement
• Ejectment
• Validity Of Contract
• Offer And Acceptance
• Animus Contrahendi
• Oral-lease-agreement

Hano Trading CC v J R 209 Investments (Pty) Ltd (650/11)

Hano Trading CC v J R 209 Investments (Pty) Ltd (650/11) [2012] ZASCA 127; 2013 (1) SA 161 (SCA); [2013] 1 All SA 142 (SCA) (21 September 2012)

Court

Supreme Court of Appeal

Case number

650/11

Judges

Mthiyane, Van Heerden, Mhlantla, Bosielo, Erasmus

The Supreme Court of Appeal held that late further affidavits were inadmissible and that the seller failed to comply with contractual notice requirements before cancelling.

• Filing Of Further Affidavits
• Contractual Breach Notice
• Validity Of Contract
• Uniform Rules Of Court Rule 6
• Civil-procedure
• Motion-proceedings

Pizzaro Trading (Pty) Ltd v Miller and Others (2010/48639)

Pizzaro Trading (Pty) Ltd v Miller and Others (2010/48639) [2011] ZAGPJHC 96 (26 August 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2010/48639

Judge

Wepener

The court held that a property sale agreement was valid and binding despite the seller’s name being inserted by an estate agent before acceptance.

• Alienation Of Land Act
• Validity Of Contract
• Completion Of Contractual Terms
• Authority Of Agent
• Alienation-of-land-act
• Sale-of-immovable-property