Maifadi v Dos Anjos Pedro (2020/27885) [2024] ZAGPJHC 1102 (31 October 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2020/27885
Judge
G B Hardy
The High Court refused leave to appeal after finding no reasonable prospect of success in a property sale dispute involving alleged encroachment and misrepresentation.
Van Rensburg v Electrogrid (Pty) Limited (27845/2018) [2021] ZAGPJHC 406 (7 September 2021)
Court
South Gauteng High Court, Johannesburg
Case number
27845/2018
Judge
LT Modiba
The High Court held that the contract was for an off-grid solar system, not a start-up battery system, and ordered repayment of the contract price plus costs.
Verwey v Sunrose GP (Pty) Ltd t/a Sunrose Online (GCC/07/2019) [2019] ZACONAF 4 (3 December 2019)
Court
Consumer Affairs Court
Case number
GCC/07/2019
Judges
M. Phukubje, M. A. Du Plessis, I. Opperman
The Defendant supplied a food mixer to the Plaintiff that was represented as having a 40-litre bowl capacity, but in fact only held approximately 31 litres. The Plaintiff relied on the specifications in the brochure and labelling, and the discrepancy rendered the mixer unsuitable for its intended business purpose. The Plaintiff notified the Defendant immediately, returned the mixer, and sought a refund. The Defendant's procedural objections were dismissed, and its offers to replace the bowl or reduce the price were belated and not implemented. The Consumer Protection Act entitles consumers to…
Thor Shipping and Transport SA (Pty) Limited and Another v Sunset Beach Trading 208 CC t/a Auto Complete (AR664/2016) [2017] ZAKZPHC 44 (3 November 2017)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR664/2016
Judges
Olsen, Masipa
Appeal over a vehicle repair dispute: misrepresentation was not proved, but claims for an original engine and storage charges failed.
Right Gold Machinery(Pty)Ltd v Tsholofetso Mining Supplers(Pty)Ltd and Another (50477/2015) [2016] ZAGPPHC 784 (26 August 2016)
Court
North Gauteng High Court, Pretoria
Case number
50477/2015
Judge
HF Jacobs
The court found that the plaintiff's particulars of claim were not vague or embarrassing and did not fail to disclose a cause of action. The claims for misrepresentation, breach of warranty, breach of contract, and a tacit contract with the second defendant were adequately pleaded. The court held that the voetstoots clause in the contract was ambiguous and could not be interpreted at exception stage to immunize the first defendant from liability for negligent or fraudulent misrepresentation. The existence of implied and tacit terms was reasonably pleaded, and the conduct alleged supported the…
Tiador 15 CC t/a Remax Independent Properties v Troskie (Junior) N.O and Others (3624/2014) [2016] ZAECGHC 59 (16 August 2016)
Court
Eastern Cape High Court, Grahamstown
Case number
3624/2014
Judge
J.D. Pickering
The High Court held that an estate agent was the effective cause of a land sale and was entitled to commission, and that the indemnity clause was enforceable.
Wallace and Another v Nel and Others (60714/2009) [2014] ZAGPPHC 844 (16 October 2014)
Court
North Gauteng High Court, Pretoria
Case number
60714/2009
Judge
FG Preller
The court found the plaintiffs were induced by misrepresentations in property-development finance agreements and awarded restitution, interest, and costs.
Steenkamp v Janse van Rensburg (2130/2010) [2012] ZANCHC 43 (6 September 2012)
Court
Northern Cape High Court, Kimberley
Case number
2130/2010
Judge
C.C Williams
High Court decision on exception and amendment: the plaintiff’s proposed pleading amendments were refused, the defendant’s exception was upheld, and leave to amend was granted.