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South Africa decisions
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Maloka v Vermeulen and Another (2017/4418) [2023] ZAGPPHC 13 (5 January 2023)
The High Court held that the sellers knew of latent damp defects, fraudulently failed to disclose them, and could not rely on voetstoots.
NEAH GES (Pty) Ltd and Another v Lamprecht and Others, Lamprecht v NEAH GES Africa (Pty) Ltd (33286/16) [2017] ZAGPPHC 102 (14 February 2017)
The court found that the applicants established a prima facie case for damages or reduction of the purchase price based on breaches of non-solicitation, failure to provide financial records, and non-disclosure of tax liabilities. The exceptio non adempleti contractus defence was held to be valid at this stage, excusing the applicants from payment pending action for damages. The restraint of trade and non-solicitation clauses remain binding and have not become void. The liquidation proceedings are stayed pending the outcome of the action for damages, and the counter application may be heard to…
Source excerpt
Peaceful v Hepburn and Another; In re: Hepburn and Another v Peaceful (2016/00082) [2016] ZAGPJHC 119 (26 May 2016)
The High Court dismissed an exception to particulars of claim in a property defects dispute, holding that the pleading disclosed a cause of action.
Ismail NO and Another v Erf 87 Dullstroom CC (A357/2015) [2015] ZAGPPHC 835 (11 December 2015)
Appeal dismissed where sellers knew of a road reserve affecting the property and could not rely on a voetstoots clause to avoid liability for non-disclosure.
Jacobs v Small and Another (2014/35076) [2015] ZAGPJHC 243 (21 October 2015)
The High Court held that a purchaser’s actio quanti minoris claim for latent defects did not require prior written notice under the sale agreement.
Banda and Another v Van der Spuy and Another (781//2011) [2013] ZASCA 23; 2013 (4) SA 77 (SCA) (22 March 2013)
The court held that fraudulent concealment of a latent roof defect and a false guarantee vitiated a voetstoots clause, with damages measured by repair cost.
Banda and Another v Van der Spuy and Another (08/5489) [2011] ZAGPJHC 126 (23 September 2011)
The court dismissed claims over alleged latent defects in a thatch roof and a disputed guarantee, finding no proof the sellers knew of and concealed the defects.
Motor Finance Corporation (Pty) Ltd v Prinsloo (1830/2011) [2011] ZAECGHC 51 (22 September 2011)
The court refused summary judgment, finding the defendant had raised a bona fide defence based on alleged latent defects, misrepresentation, and implied terms.
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