Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
MKD Properties (Pty) Ltd v VAW Belleggings (Pty) Ltd and Others (17769/2017) [2022] ZAGPPHC 273 (25 April 2022)
The High Court granted leave to appeal in a property dispute over a cancelled sale, finding the applicant had shown reasonable prospects of success.
Karoo Wilddienste (Pty) Ltd v Griqwaland West Cooperative Limited (141/2016) [2021] ZANCHC 42 (17 September 2021)
The plaintiff failed to plead or prove any contractual or legal basis for holding the defendant auctioneer liable for the obligations of the purchasers. The conditions of sale, specifically the cession clause, deprived the plaintiff of the right to claim directly from the purchasers, but did not create a right to claim specific performance from the defendant for the purchasers' obligations. No evidence was adduced of a special agreement or warranty by the auctioneer to stand good for the buyers' performance. The plaintiff conflated the distinct contracts arising in auction transactions and di…
Source excerpt
W & A Le Roux Slaghuis (Pty) Ltd and Another v Van NIekerk (A554/17) [2019] ZAGPPHC 577; [2020] 1 All SA 902 (GP); 2020 (2) SA 624 (GP) (4 December 2019)
High Court appeal about auction sales, an irrevocable offer, and whether an auctioneer could be jointly liable for refunding a deposit after alleged repudiation.
Auction Alliance (Pty) Ltd v Netluk Boerdery CC and Another (2011/10152) [2011] ZAGPJHC 62 (30 June 2011)
The court found that the Applicant deliberately misrepresented material facts about the auctioned property in both advertisements and auction documents, knowing these representations were false and intending the Respondents to rely on them. The Respondents were in fact induced by these misrepresentations to bid for and purchase the property. The Applicant's reliance on exclusionary clauses was rejected, as such clauses cannot shield a party from liability for fraud. The Respondents successfully established all elements of fraudulent misrepresentation on a balance of probabilities, entitling t…
Source excerpt
Ian Wyles Auctionners CC v Gasa and Another (4045/2009) [2009] ZAKZDHC 33 (13 August 2009)
The court found that the first respondent acquired possession of the motor vehicle and other auctioned items by means of fraud, presenting a stolen and dishonoured cheque. The auction terms, signed by the first respondent, expressly provided that ownership and possession would only pass upon full payment by cash or bank guaranteed cheque. As payment was not made, the applicant retained a possessionary lien and ownership did not pass to the first respondent. The second respondent, although a bona fide purchaser, did not acquire good title because the first respondent had no title to pass. The…
Source excerpt
Explore more
