Trans-Natal Steenkoolkorporasie Bpk. v Merwe (3) (245/83) [1985] ZASCA 27 (21 May 1985)

Trans-Natal Steenkoolkorporasie Bpk. v Merwe (3) (245/83) [1985] ZASCA 27 (21 May 1985)

The Supreme Court of Appeal held that the respondent's evidence, supported by other witnesses, established on a balance of probabilities that the appellant's representatives made a misrepresentation that R360 per hectare was the maximum price to be paid for mineral rights in the Settlers area, except for the R400...

Source-derived case information.

Citation
[1985] ZASCA 27
Parties
Appellant: Trans-Natal Steenkoolkorporasie Beperk; Respondent: Christiaan Frederick van der Merwe
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Case Number
245/83
Procedural Posture
Civil Appeal / Appeal From the Trial Court Judgment
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Kotzé, Trengove, Cillié, Botha, Arr, Vivier
Legal Topics
Misrepresentation, Contract Cancellation, Estoppel, Waiver of Rights
Commercial and Corporate Land and Property Misrepresentation Contract Cancellation Estoppel Waiver of Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Trans-Natal Steenkoolkorporasie Beperk

Appellant

Christiaan Frederick van der Merwe

Respondent

Procedural Posture

Civil Appeal / Appeal From the Trial Court Judgment

  1. 1 Whether the respondent proved on a balance of probabilities that the appellant's representatives made a misrepresentation regarding the maximum price per hectare to be paid for mineral rights.
  2. 2 Whether the respondent lost his right of cancellation through waiver or estoppel.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent's evidence, supported by other witnesses, established on a balance of probabilities that the appellant's representatives made a misrepresentation that R360 per hectare was the maximum price to be paid for mineral rights in the Settlers area, except for the R400 group. The trial court's findings on credibility and the evaluation of evidence were not shown to be erroneous, and the appellate court found no reason to interfere. The respondent did not waive his right of cancellation nor was he estopped from exercising it, as he lacked knowledge of higher offers at the relevant times and his conduct did not amount to a waiver. The appeal was...

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two advocates.