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South Africa decisions
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Q.V Trading CC v KGK Diamonds SA (Pty) Ltd (34348/2018) [2019] ZAGPJHC 397 (30 September 2019)
The High Court dismissed a vindication claim for five diamonds, finding the applicant was estopped after placing the diamonds with Nevada on consignment.
Quenty's Motors (Pty) Ltd. v Standard Credit Corporation Ltd. (141/92) [1994] ZASCA 41; 1994 (3) SA 188 (AD); [1994] 2 All SA 340 (A) (28 March 1994)
The court found that Quenty's Motors, by delivering the vehicles to Love Motors for display and sale in its showroom, created a representation that Love Motors had the right to dispose of the vehicles. This representation was made negligently, as Quenty's Motors should have foreseen that a third party might rely on it to their detriment. Stannic relied on this representation in good faith and suffered prejudice by acquiring and paying for the vehicles. The requirements for estoppel were satisfied, and Quenty's Motors was precluded from asserting ownership against Stannic. The appeal was dismi…
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