Ndara and Another v Weir Investments (Pty) Ltd and Others (3180/2013) [2019] ZAECGHC 95 (1 October 2019)
Court
Eastern Cape High Court, Grahamstown
Case number
3180/2013
Judge
J M Roberson
The court found that the incomplete record was nevertheless adequate for proper consideration of the appeal, as the relevant evidence and documents were available and the issue on appeal was narrow. The plaintiffs had knowledge of the material facts giving rise to their claim by 2005, when they learned they had paid the price of a new vehicle for a demonstration model and knew the identities of the defendants. The subsequent discovery of a document in 2013 merely provided proof of their earlier knowledge and did not constitute new material facts. The claim for a declaration of nullity was, in…
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.
Tatrim CC v Spenmac (Pty) Ltd (1622/2011) [2013] ZAECPEHC 5 (31 January 2013)
Court
Eastern Cape High Court, Port Elizabeth
Case number
1622/2011
Judge
GG Goosen
The High Court held that the sale of a sectional title property was void for lack of consensus after innocent misrepresentations about subdivision rights.
Sim Road Investments CC v Morgan Air Cargo (Pty) Ltd (024/10) [2011] ZASCA 81 (27 May 2011)
Court
Supreme Court of Appeal
Case number
024/10
Judges
Harms, Lewis, Bosielo, Seriti, Petse
The Supreme Court of Appeal held that a false auction advertisement fraudulently induced the sale, making the buyer entitled to rescind despite exclusion clauses.