Strauss v Nieuwoudt and Another (306/88) [1990] ZASCA 19 (20 March 1990)

Strauss v Nieuwoudt and Another (306/88) [1990] ZASCA 19 (20 March 1990)

The Supreme Court of Appeal found that the appellant knowingly made a false representation regarding the extent of cultivated land on the property, stating there were 180 hectares when in fact there were only approximately 110 hectares. This misrepresentation was material and induced the respondents to agree to a...

Source-derived case information.

Citation
[1990] ZASCA 19
Parties
Appellant: Johannes Petrus Strauss; Respondent: Cedric Vos Nieuwoudt; Respondent: Baptistus Overn Truter
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 March 1990
Case Number
306/88
Procedural Posture
Civil Appeal / Appeal From the Cape Provincial Division After Leave Granted
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Milne, Kumleben, Joubert, Botha, Goldstone
Legal Topics
Fraudulent Misrepresentation, Damages Calculation, Market Value Assessment
Delict Land and Property Fraudulent Misrepresentation Damages Calculation Market Value Assessment

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Parties

Johannes Petrus Strauss

Appellant

Cedric Vos Nieuwoudt

Respondent

Baptistus Overn Truter

Respondent

Procedural Posture

Civil Appeal / Appeal From the Cape Provincial Division After Leave Granted

  1. 1 Whether the appellant made a representation that 180 hectares of New Buffelsfontein consisted of cultivated lands.
  2. 2 Whether the representation was false.
  3. 3 Whether the representation was made to the Oubaai Development Trust.

Ratio Decidendi

The Supreme Court of Appeal found that the appellant knowingly made a false representation regarding the extent of cultivated land on the property, stating there were 180 hectares when in fact there were only approximately 110 hectares. This misrepresentation was material and induced the respondents to agree to a higher purchase price, calculated on the basis of the inflated figure. The evidence of Truter and other witnesses was accepted as credible, demonstrating that the respondents relied on the representation in determining the price. The appellant's explanations were rejected as improbable and unconvincing. The court held that the respondents suffered damages equal to the difference...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two advocates.
  • The order of the trial court awarding damages in the amount of R295,083.00 is confirmed.