South Africa Case Law

South Africa Securitisation Programme (RF) Limited v T Abrahams Transport Services (Pty) Ltd and Another (381/2023)

South Africa Securitisation Programme (RF) Limited v T Abrahams Transport Services (Pty) Ltd and Another (381/2023) [2025] ZAWCHC 215 (22 May 2025)

Court

Western Cape High Court, Cape Town

Case number

381/2023

Judge

P. S. Van Zyl

The court found that the defendants had raised triable issues sufficient to resist summary judgment. The circumstances surrounding the signing of the contract, including the lack of opportunity to read, unreadability of the document, and the presence of unusual and onerous clauses not brought to the defendants' attention, warranted a trial. The defence of material misrepresentation by the agent, particularly regarding undisclosed additional costs, also raised a genuine issue for trial. The plaintiff, as cessionary, lacked personal knowledge of the contract negotiations and could not refute th…

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• Summary Judgment
• Caveat Subscriptor
• Misrepresentation
• Exemption Clauses
• Public Policy
• Contractual Defences

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

M.N.P.U.M v S.V.M and Another (2023/114345)

M.N.P.U.M v S.V.M and Another (2023/114345) [2025] ZAGPJHC 647 (7 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/114345

Judge

Dippenaar

The court found that the applicant failed to establish that there was no consensus between the parties regarding the marital regime or that her signature on the special power of attorney was obtained by justus error or misrepresentation. The applicant voluntarily signed the documents authorising the ante nuptial contract, and her conduct and prior knowledge of the respondent's refusal to pool assets indicated she was aware of the implications. The caveat subscriptor rule applied, binding her to the contract. The court held that the ante nuptial contract was validly executed, and the marriage…

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• Ante Nuptial Contract
• Justus Error
• Misrepresentation
• Matrimonial Property Regime
• Caveat Subscriptor
• Pacta Sunt Servanda

Motswane v BMW Financial Services (CIV APP MG33/2023)

Motswane v BMW Financial Services (CIV APP MG33/2023) [2025] ZANWHC 1 (6 January 2025)

Court

North West High Court, Mafikeng

Case number

CIV APP MG33/2023

Judges

Mfenyana, Reid

The court held that the appellant's defence that he did not read the agreement before signing is not a bona fide defence to summary judgment. The principle of caveat subscriptor applies, binding the appellant to the terms of the agreement he signed. The appellant's claim that he was instructed not to read the agreement and his assertion of illiteracy did not amount to inducement or coercion, nor did he specify any terms that would have prevented him from signing had he read them. His conduct in making payments under the agreement further confirmed his assent to its terms. The Magistrates' Cou…

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• Summary Judgment
• Caveat Subscriptor
• Instalment Sale Agreement
• Bona Fide Defence

Ceva Logistics South Africa (Pty) Ltd v MMS Mobile Cranes CC (20296/2020)

Ceva Logistics South Africa (Pty) Ltd v MMS Mobile Cranes CC (20296/2020) [2024] ZAGPJHC 1129 (12 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

20296/2020

Judge

Osborne AJ

High Court summary judgment granted for logistics charges after the court found the respondent had accepted the quoted costs and failed to raise a bona fide defence.

• Summary Judgment
• Incorporation By Reference
• Standard Terms And Conditions
• Caveat Subscriptor
• Contra Bonos Mores
• Duty Of Care

Merchant West (Pty) Ltd v Molyneux-Killik and Others (23833/2022)

Merchant West (Pty) Ltd v Molyneux-Killik and Others (23833/2022) [2024] ZAGPJHC 646 (25 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23833/2022

Judge

P Stais

The High Court refused leave to appeal in a commercial dispute over an instalment sale agreement and suretyships, finding no reasonable prospects of success.

• Suretyship Liability
• Instalment Sale Agreement
• Leave To Appeal Test
• Parol Evidence Rule
• Caveat Subscriptor
• Leave-to-appeal

Anderson and Another v Standard Bank of SA Limited and Others (986/2019)

Anderson and Another v Standard Bank of SA Limited and Others (986/2019) [2024] ZAECQBHC 11 (13 February 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

986/2019

Judge

Bands

The court found that the applicants did not knowingly intend to transfer ownership of their property to the second respondent. The evidence showed they were misled by AMS and its agents into believing the documents were for securing a loan and safekeeping, not for sale. The respondents' denials were speculative and did not raise a genuine dispute of fact. The transfer was induced by fraud, rendering the sale and related agreements null and void. The court held that caveat subscriptor does not apply in cases of fraud, and the vindicatory claim for restitution is not subject to prescription und…

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• Fraudulent Transfer
• Rei Vindicatio
• Prescription Act Interpretation
• Caveat Subscriptor
• Estoppel
• Restitution

Merchant West (Pty) Ltd v Molyneux-Killik and Others (23833/2022)

Merchant West (Pty) Ltd v Molyneux-Killik and Others (23833/2022) [2023] ZAGPJHC 1220 (14 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

23833/2022

Judge

P Stais

The High Court enforced a signed instalment sale agreement and suretyships, dismissing a referral to trial because the respondents’ factual disputes were untenable on the papers.

• Suretyship Liability
• Instalment Sale Agreement
• Caveat Subscriptor
• Contractual Simulation
• Referral To Trial
• Parol Evidence Rule

Naidoo and Another v Wakefields Real Estate (Pty) Limited (AT638/17)

Naidoo and Another v Wakefields Real Estate (Pty) Limited (AT638/17) [2023] ZAKZPHC 95 (22 September 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AT638/17

Judges

Henriques, Mlaba

High Court appeal over estate agent commission dismissed. The court held the agreement was binding, the amended commission clause caused no prejudice, and no iustus error was proved.

• Estate Agent Commission
• Alienation Of Land Act
• Caveat Subscriptor
• Stipulatio Alteri
• Misrepresentation
• Iustus Error

Sunlyn (Pty) Ltd and Others v Smart Drawn Projects (Pty) Ltd and Others (1937/2022)

Sunlyn (Pty) Ltd and Others v Smart Drawn Projects (Pty) Ltd and Others (1937/2022) [2023] ZANWHC 145 (17 August 2023)

Court

North West High Court, Mafikeng

Case number

1937/2022

Judge

A H Petersen

The court found that the defendants' reliance on iustus error was not supported by the facts or law. The agreement and guarantee clearly identified Sunlyn as the contracting party, and the defendants signed these documents without raising any queries, despite being experienced businesspersons. The principle of caveat subscriptor applies, binding the defendants to the terms of the agreement they signed. The alleged mistake regarding the identity of the contracting party was not reasonable or excusable, and there was no evidence of misrepresentation by Sunlyn. Furthermore, the evidence showed t…

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• Summary Judgment
• Caveat Subscriptor
• Iustus Error
• Guarantee And Suretyship
• Contractual Consensus