Knoetze v Botes N.O (1802/2020) [2025] ZAECMKHC 37 (15 April 2025)

Knoetze v Botes N.O (1802/2020) [2025] ZAECMKHC 37 (15 April 2025)

The court found that the plaintiff proved, on a balance of probabilities, the existence of a latent defect—a timber roof truss passing through the brick-and-mortar chimney, in violation of building regulations and constituting a fire hazard. Expert testimony and physical evidence established the defect and its causal link to the fire. The defendant, as developer and seller, was deemed to have knowledge of the defect and failed to disclose it, amounting to fraudulent non-disclosure. The exemption clause did not absolve the defendant from liability for fraud. The plaintiff, as registered owner and insured party, had locus standi and suffered actionable damage. The defendant led no rebutting...

Citation
[2025] ZAECMKHC 37
Parties
Plaintiff: Ruhan Knoetze; Defendant: Gysbertus Johannes Botes N.O.
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
15 April 2025
Case Number
1802/2020
Procedural Posture
Civil Trial / Liability on the Merits (separated Issue)
Outcome
Defendant found liable for all damages proven by the plaintiff arising from the fire in Unit 2, Tikwe Housing Development on 24 June 2019.
Judges
Rugunanan
Legal Topics
Latent Defect, Fraudulent Non Disclosure, Building Regulations, Voetstoots Clause, Expert Evidence, Damages Quantification
Land and Property Delict Civil Procedure Latent Defect Fraudulent Non Disclosure Building Regulations Voetstoots Clause Expert Evidence +1 more

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Parties

Ruhan Knoetze

Plaintiff

Gysbertus Johannes Botes N.O.

Defendant

Procedural Posture

Civil Trial / Liability on the Merits (separated Issue)

Legal Issues

  1. 1 Whether the defendant fraudulently failed to disclose a latent defect in the property sold to the plaintiff.
  2. 2 Whether the exemption clause in the sale agreement absolves the defendant from liability for the latent defect.
  3. 3 Whether the latent defect caused the fire and resulting damages.

Ratio Decidendi

The court found that the plaintiff proved, on a balance of probabilities, the existence of a latent defect—a timber roof truss passing through the brick-and-mortar chimney, in violation of building regulations and constituting a fire hazard. Expert testimony and physical evidence established the defect and its causal link to the fire. The defendant, as developer and seller, was deemed to have knowledge of the defect and failed to disclose it, amounting to fraudulent non-disclosure. The exemption clause did not absolve the defendant from liability for fraud. The plaintiff, as registered owner and insured party, had locus standi and suffered actionable damage. The defendant led no rebutting...

Court Disposition

Defendant found liable for all damages proven by the plaintiff arising from the fire in Unit 2, Tikwe Housing Development on 24 June 2019.

Orders

  • The defendant is liable for all such damages as the plaintiff may prove arising from the fire in Unit 2, Tikwe Housing Development on 24 June 2019.
  • The quantification of the plaintiff’s claims for damages is postponed sine die.