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South Africa decisions
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Chiodaroli N.O and Others v Yeboprop 7 Investment (Pty) Ltd and Others (18020/2022) [2024] ZAGPPHC 990 (4 October 2024)
The High Court granted a commercial eviction after finding the lessee had materially breached the lease and had no valid right to renew it.
Rudolf Schoeman Landgoed BK v Valco Boerdery (Pty) Ltd (31/2022 and 32/2022) [2024] ZAMPMHC 39 (8 August 2024)
The court found that the clauses in question were suspensive conditions, not mere terms, as evidenced by their explicit wording and the context of negotiations. Valco, by permitting transfer and registration of the properties and paying VAT on the full purchase price before cession, unequivocally waived the suspensive condition. There was no evidence that the R2 million was a quid pro quo for cession, nor was there any provision to that effect in the agreements. The alleged misrepresentation by Schoeman Boerdery was not proven, as Valco was familiar with the requirements for lease cession and…
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Mobile Complete (PTY) Limited v RAM Transport (South Africa) (PTY) Limited (1746/2021) [2022] ZAGPJHC 744 (6 October 2022)
The High Court dismissed an exception to particulars of claim, holding that the pleaded allegations, if accepted as true, disclosed a cause of action.
Viljoen v Njebe and Others (A5004/2020) [2021] ZAGPJHC 147 (18 May 2021)
The High Court held that a property sale lapsed when the buyers missed a suspensive bond condition, so the seller was not bound and transfer could proceed.
Edani and Another v Pioen 1153 (Pty) Ltd and Another (3016/2018) [2019] ZAMPMHC 3 (5 April 2019)
Leave to appeal was dismissed after the court found no reasonable prospect of success in a dispute over an unfulfilled suspensive condition in property sale agreements.
Van Zyl and Others v Tergro Group of Companies (Pty) t/a Harcourts Tegro Group (JS1042/14) [2017] ZALCJHB 477 (19 December 2017)
Labour Court held that estate agents were entitled to outstanding commission and that the employer had waived enforcement of restraint and notice provisions.
Patel v Dorasamy (2015/41464) [2017] ZAGPJHC 412 (22 September 2017)
The High Court dismissed an application to rescind a default judgment, finding the applicant was in wilful default and had not shown a bona fide defence.
Linde v Premax Trading 35 CC (66175/2014) [2016] ZAGPPHC 524 (6 July 2016)
High Court held that suspensive conditions in a business sale agreement were not fulfilled, and rejected fictional fulfillment and waiver defenses.
Von Botticher v Audatex (Pty) Ltd (11904/2015) [2016] ZAGPJHC 348 (22 April 2016)
The High Court dismissed an exception to particulars of claim, holding that the plaintiff had pleaded a sufficient cause of action and that disputes about waiver of a suspensive condition should go to trial.
Von Botticher v Audatex (Pty) Ltd (11904/2015) [2016] ZAGPJHC 350 (22 April 2016)
The High Court dismissed an exception to particulars of claim arising from a settlement agreement with a suspensive condition and alleged waiver.
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