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South Africa decisions
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Du Plooy and Another v Sheriff for the District of Virginia and Others (5326/2024) [2025] ZAFSHC 147 (29 May 2025)
The court dismissed an urgent application for an interdict over auctioned movable property, finding the matter moot and the applicants' ownership case unproven.
Karoo Wilddienste (Pty) Ltd v Griekwaland-Wes Korporatief Beperk and Others (CA&R 36/2022) [2024] ZANCHC 91 (14 June 2024)
The court held that the test for absolution from the instance requires only that the plaintiff present evidence on all elements of the claim, not that the evidence be conclusive. The appellant had pleaded and led evidence supporting the existence and terms of the agency agreement, its own compliance, and the respondent's breach. The respondent's reliance on technicalities and speculative inferences was premature at this stage. The trial court erred by granting absolution, as the appellant had made out a prima facie case. The matter should proceed to trial for full ventilation of the issues.
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VAW Belingsings (Pty) Limited Liquidation v MKD Properties (Pty) Limited (A118/2022) [2023] ZAGPPHC 2013 (14 December 2023)
The court found that Mr Pretorius, acting as auctioneer, made intentional misrepresentations regarding the dam's water rights and value, which induced the respondent to purchase the property. The evidence showed that Mr Pretorius lacked accurate information about the dam, its water source, and servitudes, yet he made definitive statements to promote the sale and deliberately cut off further discussion. This conduct amounted to dolus eventualis, as he reconciled himself with the possibility of misleading the purchaser. The voetstoots clause in the agreement of sale does not protect against int…
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Shanka Investments (Pty) Ltd v South African Revenue Services and Another (30966/2018) [2020] ZAGPPHC 231 (7 May 2020)
The court set aside an auction sale of a transformer because the goods had already been cleared and ownership had vested in the importer before the sale.
Rocker v Alegrand General Dealers and Auctioneers (Pty) Ltd t/a Grand Auctions (93039/2016) [2017] ZAGPPHC 896 (1 December 2017)
The High Court set aside an auction sale of a vehicle sold as a GTI after finding that it was materially misrepresented and ordered a refund, interest, and costs.
Nel v Be Bruyn and Others (67855/17) [2017] ZAGPPHC 1095 (1 November 2017)
The High Court granted execution pending appeal over a partnership property sale, finding exceptional circumstances and irreparable harm to the respondent.
Nel v De Bruyn; De Bruyn v Nel and Others (50948/11) [2017] ZAGPPHC 621 (27 September 2017)
The High Court refused leave to appeal, holding that the auction sale was complete on the fall of the hammer and a third-party deposit payment was sufficient.
Van Niekerk v W en A Le Roux Slaghuis (Pty) Ltd and Another (73622/2015) [2017] ZAGPPHC 624 (18 September 2017)
The High Court granted leave to appeal in a dispute over an auction sale, alleged repudiation, and repayment of monies paid for a butchery property.
Tsangarakis N.O. and Another v Kgato Project Management (Pty) Ltd and Another (1021/2017) [2017] ZAFSHC 76 (8 June 2017)
High Court application over breach of a sale agreement was dismissed after the court refused specific performance, but granted a costs order.
De Bruyn v Nel and Others (50948/11) [2017] ZAGPJHC 375 (9 May 2017)
The High Court ordered signature of property-sale documents, allowed a deputy sheriff to sign if needed, directed rental to trust, and awarded punitive costs.
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