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South Africa decisions
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Meiring v RC Auto and Others (4048/2024) [2025] ZAFSHC 31 (7 February 2025)
The court allowed cancellation of a used vehicle sale after finding undisclosed collision history and serious latent defects that defeated the vehicle’s intended use.
Route Management (Pty) Ltd t/a Busaf Bauer v Misty Sea Trading 296 (Pty) Ltd t/a Project Logistics Management (5476/2019) [2023] ZAFSHC 406 (23 October 2023)
The High Court granted leave to appeal in a trailer-sale dispute, finding real prospects that a Full Bench could reach a different conclusion.
Chuma v Bondcor (Pty) Ltd and Others (4151/2020) [2023] ZAGPPHC 1131 (5 September 2023)
The court held that a dolomitic latent defect was fraudulently withheld in a property sale and ordered repayment under actio redhibitoria.
Misty Sea Trading 296 (Pty) Ltd t/a Project Logistics Managemant v Route Management (Pty) Ltd t/a Busaf Bauer (5476/2019) [2023] ZAFSHC 244 (20 June 2023)
High Court case on a custom-built trailer: the court held the defendant breached the sale agreement because the trailer snagged on the ground and was unfit for purpose.
Van der Boon NO and Others v Moletsane (A213/2019) [2020] ZAFSHC 208 (20 November 2020)
High Court appeal over cancellation of a used vehicle sale for undisclosed latent defects; appeal dismissed, with the buyers ordered to pay costs.
Barnard and Another v de Klerk (2015/2019) [2020] ZAECPEHC 38 (22 October 2020)
The court held that the plaintiffs' particulars of claim, when read as a whole, contain all necessary material allegations to sustain a cause of action based on actio redhibitoria for latent defects. The defendant's complaints regarding vagueness and embarrassment were found to be overly technical and lacking in substance, as the plaintiffs pleaded with reasonable distinctness that the defects were latent, not visible upon inspection, and material to the transaction. The court emphasized that exceptions should not be used to enforce pedantic formalism but to address substantive defects in ple…
Source excerpt
Urban Distributors CC v Black and White Truck Distributors CC (83091/2017) [2020] ZAGPPHC 522 (28 August 2020)
The High Court dismissed a buyer’s claim over allegedly defective reconditioned trucks and also dismissed the seller’s counterclaims for parts and tools.
Imperial Select v Pinto and Another (A175/2017) [2018] ZAGPPHC 696 (27 March 2018)
Appeal dismissed in a motor-vehicle sale dispute. The court held the buyer did not waive cancellation rights and proved a serious latent defect at sale.
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.
Vousvoukis v Queen Ace CC t/a Ace Motors (3878/2013) [2015] ZAECGHC 64; 2016 (3) SA 188 (ECG) (19 June 2015)
High Court case on a used BMW’s engine failure, the Consumer Protection Act, and actio redhibitoria. The court dismissed the buyer’s claim for refund and costs.
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