South Africa Case Law

Avbob Mutual Assurance Society v Mkhonza and Others (A26/2025; A2024-138760)

Avbob Mutual Assurance Society v Mkhonza and Others (A26/2025; A2024-138760) [2025] ZAGPPHC 739 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A26/2025; A2024-138760

Judges

Wright, Van Der Westhuizen, Kooverjie

The court found that Avbob, with its experience and professional assistance, made an informed choice to proceed with the transaction and occupy the property, despite the suspensive conditions not being fulfilled. Avbob's lengthy delay of 29 months before seeking to enforce the suspensive conditions and cancel the agreement constituted a waiver of its right to cancel. The evidence showed that Avbob was aware of the requirements and repeatedly requested compliance but failed to act for an extended period. The court held that Avbob could not escape the consequences of its inaction and was bound…

Source excerpt

• Sale Of Immovable Property
• Suspensive Conditions
• Waiver By Election
• Breach Of Warranty
• Delay In Cancellation

Eastern Cape Motors (Pty) Ltd v Wolmerans (Appeal) (CA49/2024)

Eastern Cape Motors (Pty) Ltd v Wolmerans (Appeal) (CA49/2024) [2025] ZAECMKHC 34 (15 April 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA49/2024

Judges

Rugunanan, Mnqandi

The High Court upheld an appeal over a trade-in dispute, finding the respondent breached a warranty by misrepresenting a vehicle as a 2013 model when it was a 2005 model.

• Breach Of Warranty
• Misrepresentation
• Contractual Damages
• Caveat Subscriptor
• Pacta Sunt Servanda
• Breach-of-warranty

Avbob Mutual Assurance Society v Mkhonza and Others (11408/2022)

Avbob Mutual Assurance Society v Mkhonza and Others (11408/2022) [2024] ZAGPPHC 632 (27 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

11408/2022

Judge

GN Moshoana

The High Court held that a zoning warranty in a sale agreement was severable from the sale. Rescission was refused and the purchaser proved no damages.

• Breach Of Warranty
• Rescission Of Contract
• Damages For Breach
• Alienation Of Land Act
• Contract Interpretation
• Breach-of-warranty

Summermania Eleven (Pty) Ltd v Hattingh N O (316/2022)

Summermania Eleven (Pty) Ltd v Hattingh N O (316/2022) [2024] ZASCA 42 (5 April 2024)

Court

Supreme Court of Appeal

Case number

316/2022

Judges

Dambuza, Schippers, Mbatha, Mothle, Goosen

The Supreme Court of Appeal held that Summermania failed to prove breach of a game-number warranty, and dismissed the appeal with costs.

• Breach Of Warranty
• Burden Of Proof
• Admissibility Of Affidavit Evidence
• Evaluation Of Expert Evidence
• Contract Of Sale
• Game Farm Sale

Goldex 16 (Pty) Ltd v Capper NO and Others (543/2018)

Goldex 16 (Pty) Ltd v Capper NO and Others (543/2018) [2019] ZASCA 105 (4 September 2019)

Court

Supreme Court of Appeal

Case number

543/2018

Judges

Leach, Saldulker, Tsoka

The Supreme Court of Appeal dismissed a claim that a trustee who signed a void land sale could be held personally liable for the purchase price.

• Alienation Of Land Act
• Sectional Titles Act
• Authority Of Trustees
• Specific Performance
• Breach Of Warranty
• Alienation-of-land-act

Industrial Development Corporation of SA Limited v Oakbay Resources and Energy Limited and Others (46934/2017)

Industrial Development Corporation of SA Limited v Oakbay Resources and Energy Limited and Others (46934/2017) [2018] ZAGPJHC 632 (12 November 2018)

Court

South Gauteng High Court, Johannesburg

Case number

46934/2017

Judge

Lagrange

The High Court dismissed exceptions to a claim seeking cancellation of a loan restructuring agreement, holding the pleaded breaches and misrepresentation were sufficient.

• Contract Rescission
• Fraudulent Misrepresentation
• Breach Of Warranty
• Share Price Manipulation
• Prevention Of Organised Crime Act
• Financial Markets Act

Stu Davidson and Sons (Pty) Ltd v Eastern Cape Motors (Pty) Ltd (260/2017)

Stu Davidson and Sons (Pty) Ltd v Eastern Cape Motors (Pty) Ltd (260/2017) [2018] ZASCA 26 (23 March 2018)

Court

Supreme Court of Appeal

Case number

260/2017

Judges

Lewis, Ponnan, Seriti, Pillay, Schippers

The Supreme Court of Appeal held that a trade-in warranty about a vehicle not having been in a substantial or major accident was clear and enforceable.

• Breach Of Warranty
• Contract Rectification
• Damages For Breach
• Sale Of Goods
• Breach-of-warranty
• Damages-for-breach

Goldex 16 (Pty) Ltd v Capper NO and Others (24218/2013)

Goldex 16 (Pty) Ltd v Capper NO and Others (24218/2013) [2017] ZAGPJHC 305 (18 October 2017)

Court

South Gauteng High Court, Johannesburg

Case number

24218/2013

Judge

M du P Van der Nest

The High Court held that a trust sale agreement was void for lack of written trustee authority and dismissed the plaintiff’s claims for payment and damages.

• Alienation Of Land Act
• Trustee Authority
• Breach Of Warranty
• Damages Measurement
• Specific Performance
• Sectional Titles Act

Standard Bank of South Africa Limited v Technofin (Pty) Ltd (239/2013)

Standard Bank of South Africa Limited v Technofin (Pty) Ltd (239/2013) [2017] ZAGPPHC 1214 (21 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

239/2013

Judge

R M Keightley

The High Court held that the bank could require repurchase of ceded rental contracts after Technofin breached warranties, and dismissed prescription and public policy defences.

• Breach Of Warranty
• Repurchase Obligation
• Contract Interpretation
• Prescription Act
• Rectification Of Contract
• Public Policy Defence

Eastern Cape Motors (Pty) Ltd v Stu Davidson and Sons (Pty) Ltd (CA98/2015)

Eastern Cape Motors (Pty) Ltd v Stu Davidson and Sons (Pty) Ltd (CA98/2015) [2016] ZAECGHC 109 (25 October 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

CA98/2015

Judges

S Rugunanan, J D Pickering

Appeal over a trade-in vehicle warranty dispute succeeded, with damages awarded for reduced resale value but not transport costs.

• Breach Of Warranty
• Negligent Misrepresentation
• Remoteness Of Damage
• Expert Evidence
• Contractual Damages
• Breach-of-warranty