South Africa Case Law

Lourens DP (Pty) Ltd v Engelbrecht and Others (048287/2022)

Lourens DP (Pty) Ltd v Engelbrecht and Others (048287/2022) [2024] ZAGPPHC 682 (18 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

048287/2022

Judge

Millar

The court found that the sale agreement was void ab initio due to a material misdescription of the property, as the farm described in the agreement differed in name, extent, and title deed from the property actually transferred. This discrepancy was central and rendered the agreement invalid from the outset. The third and fourth defendants failed to address or dispute these facts in their pleadings or affidavits, and did not set out any bona fide defence to the plaintiff's claims. The court admitted the documentary evidence relied upon by the plaintiff, finding it in the interests of justice.…

Source excerpt

• Alienation Of Land Act
• Void Agreement
• Summary Judgment
• Material Non Disclosure
• Agent Commission
• Conveyancing Costs

Matarapro (PTY) Ltd v Mashala Resources (PTY) Ltd (20243/21)

Matarapro (PTY) Ltd v Mashala Resources (PTY) Ltd (20243/21) [2022] ZAGPJHC 664 (8 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

20243/21

Judge

Dlamini

The court found that the compensation agreement was concluded while the Respondent was under business rescue and was not approved by the business rescue practitioners, rendering it void under Section 137(4) of the Companies Act. The signatory to the agreement lacked authority, and subsequent attempts to ratify the agreement failed as the BRPs did not sign the ratification agreement. The Applicant was aware of the lack of approval. As a result, the Applicant sought to enforce a void agreement, and the Respondent's indebtedness was not established. Therefore, the application for provisional liq…

Source excerpt

• Provisional Liquidation
• Business Rescue
• Void Agreement
• Director Authority
• Section 137 Companies Act

Helm Construction (Pty) Ltd v Noortman and Another (22605/2018)

Helm Construction (Pty) Ltd v Noortman and Another (22605/2018) [2020] ZAGPJHC 245 (21 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

22605/2018

Judge

MIA

The High Court held that a provisional land-sale agreement was void for non-compliance with the Alienation of Land Act, and ordered repayment of R1 016 000 plus interest.

• Alienation Of Land Act
• Void Agreement
• Restitution
• Condictio Indebiti
• Enrichment
• Interest On Payments

Potters Mill Investments 14(Pty) Ltd v ABE Swersky & Associates and Others (7218/2006)

Potters Mill Investments 14(Pty) Ltd v ABE Swersky & Associates and Others (7218/2006) [2016] ZAWCHC 5; 2016 (5) SA 202 (WCC) (1 January 2016)

Court

Western Cape High Court, Cape Town

Case number

7218/2006

Judge

KOEN AJ

The High Court granted leave to amend a plea to withdraw a legal admission about land-subdivision law, finding the issue was triable and prejudice could be cured.

• Amendment Of Pleadings
• Withdrawal Of Admission
• Subdivision Of Agricultural Land Act
• Physical Planning Act
• Duty Of Care
• Void Agreement

Mosebo and Another v Mangaung Metropolitan Municipality (840/2015)

Mosebo and Another v Mangaung Metropolitan Municipality (840/2015) [2015] ZAFSHC 153 (7 August 2015)

Court

Free State High Court, Bloemfontein

Case number

840/2015

Judge

B.C. Mocumie

The High Court ordered Mangaung Metropolitan Municipality to refund R402,188 paid for a void property sale and to pay attorney-and-client costs.

• Void Agreement
• Refund Of Purchase Price
• Municipal Property Sale
• Motion Proceedings
• Costs On Attorney And Client Scale
• Void-agreement