Botes and Others v Oos Vrystaat Operations Ltd (2644/2019) [2020] ZAFSHC 159 (3 September 2020)

Botes and Others v Oos Vrystaat Operations Ltd (2644/2019) [2020] ZAFSHC 159 (3 September 2020)

The court found that the applicants failed to establish grounds for rescission of the consent order or the settlement agreement. The alleged misrepresentation by the applicants' former attorney was unsupported by evidence, and there was no indication of fraud or justus error sufficient to vitiate true consent. The applicants voluntarily negotiated and signed the settlement agreement, were aware of its terms, and acted upon it by making substantial payments. The disputed clauses and annexures did not offend public policy, as the applicants had the opportunity to seek judicial protection but elected to consent to the respondent's right to sell the property in the event of default. The...

Citation
[2020] ZAFSHC 159
Parties
Applicant: Diaria Botes; Applicant: Dawie Grobbelaar t/a DG Groenvlei Boerdery; Respondent: Oos Vrystaat Operations Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 September 2020
Case Number
2644/2019
Procedural Posture
Rescission Application / Final Judgment on Application for Rescission and Severance of Settlement Agreement Clauses
Outcome
Application dismissed with costs.
Judges
Mhlambi
Legal Topics
Rescission of Judgment, Settlement Agreement, Misrepresentation, Justus Error, Public Policy, Special Executability
Civil Procedure Commercial and Corporate Rescission of Judgment Settlement Agreement Misrepresentation Justus Error Public Policy Special Executability

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Parties

Diaria Botes

Applicant

Dawie Grobbelaar t/a DG Groenvlei Boerdery

Applicant

Oos Vrystaat Operations Ltd

Respondent

Procedural Posture

Rescission Application / Final Judgment on Application for Rescission and Severance of Settlement Agreement Clauses

Legal Issues

  1. 1 Whether the consent order and settlement agreement should be rescinded and set aside due to misrepresentation or justus error.
  2. 2 Whether certain clauses and annexures in the settlement agreement should be severed as contrary to public policy.
  3. 3 Whether the applicants were induced to sign the settlement agreement by negligent or fraudulent misrepresentation.

Ratio Decidendi

The court found that the applicants failed to establish grounds for rescission of the consent order or the settlement agreement. The alleged misrepresentation by the applicants' former attorney was unsupported by evidence, and there was no indication of fraud or justus error sufficient to vitiate true consent. The applicants voluntarily negotiated and signed the settlement agreement, were aware of its terms, and acted upon it by making substantial payments. The disputed clauses and annexures did not offend public policy, as the applicants had the opportunity to seek judicial protection but elected to consent to the respondent's right to sell the property in the event of default. The...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.