South Africa Case Law

Karoo Wilddienste (Pty) Ltd v Griqwaland West Cooperative Limited (141/2016)

Karoo Wilddienste (Pty) Ltd v Griqwaland West Cooperative Limited (141/2016) [2021] ZANCHC 42 (17 September 2021)

Court

Northern Cape High Court, Kimberley

Case number

141/2016

Judge

Lever

The plaintiff failed to plead or prove any contractual or legal basis for holding the defendant auctioneer liable for the obligations of the purchasers. The conditions of sale, specifically the cession clause, deprived the plaintiff of the right to claim directly from the purchasers, but did not create a right to claim specific performance from the defendant for the purchasers' obligations. No evidence was adduced of a special agreement or warranty by the auctioneer to stand good for the buyers' performance. The plaintiff conflated the distinct contracts arising in auction transactions and di…

Source excerpt

• Specific Performance
• Agency Law
• Auctioneer Liability
• Absolution From Instance
• Contractual Pleading