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South Africa decisions
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Jones N.O v ABSA Bank Limited (A64/2023) [2024] ZAWCHC 343 (1 November 2024)
Appeal about a defective loader finance deal and a disputed settlement was upheld. The court held the buyer could still pursue aedilitian damages against ABSA.
Le Roux v Zeitsman and Another (HCA10/2020) [2021] ZALMPPHC 79 (2 November 2021)
High Court appeal over a seller’s nondisclosure of latent roof defects in a property sale; appeal dismissed and the damages award upheld.
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…
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Tryzone Fourteen (Pty) Ltd v Batchelor N.O and Others (3535/2013) [2016] ZAECPEHC 9 (4 March 2016)
Property-auction dispute over alleged fraudulent misrepresentations was not decided on affidavit; the High Court referred the matter to oral evidence.
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.
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.
Class A Trading 689 (Pty) Ltd v Paton and Another (1937/2007) [2011] ZAWCHC 569 (9 September 2011)
The court found that clause 18.1 of the sale agreement, read with the attached sketch plan, constituted either a contractual term or a material representation that the area south of Impala Road was 3,464m2. The actual area delivered was only 2,989m2, a deficiency of 475m2. The plaintiff was entitled to relief under the actio quanti minoris, which allows recovery of the difference between the price paid and the actual value of the property delivered. The court accepted evidence of subsequent offers to purchase the property as a reasonable basis for determining its value, and, adopting a conser…
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Odendaal v Ferraris (422/07) [2008] ZASCA 85; [2008] 4 All SA 529 (SCA); 2009 (4) SA 313 (SCA) (4 September 2008)
The Supreme Court of Appeal held that the absence of statutory approval for building alterations on the property constitutes a latent defect, but such a defect is covered by a voetstoots clause unless it renders the property unfit for its intended purpose. The respondent failed to establish that the appellant or her estate agent fraudulently concealed defects or misrepresented the condition of the property. The respondent's instruction to the bank to halt transfer amounted to a repudiation of the sale agreement, entitling the appellant to cancel the contract and seek eviction. The respondent'…
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Strydom v Blue Owl cc (4268/2000) [2002] ZAWCHC 42 (14 August 2002)
High Court judgment on rectification, rescission, and restitution in a business sale after a disputed lease term and a false profit representation.
Compagnie Inter Africaine De Tranvaux, South African Branch v Abercom Africa (Pty) Ltd. (60/1984) [1985] ZASCA 60 (30 May 1985)
The Supreme Court of Appeal held that the written agreement did not contain specifications so detailed as to exclude the implication of a tacit term regarding fitness for purpose. The exemption clause (clause 4) was interpreted narrowly and found not to apply to breaches going to the root of the contract, such as the supply of locomotives that required extensive redesign and rebuilding. The Court found that the tacit term alleged by the appellant was not wholly irreconcilable with the express terms of the contract and could operate independently in the area not covered by the guarantee. The a…
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