South Africa Case Law

Koster v Norval (20609/14)

Koster v Norval (20609/14) [2015] ZASCA 185 (30 November 2015)

Court

Supreme Court of Appeal

Case number

20609/2014

Judges

Ponnan, Majiedt, Pillay, Van der Merwe, Baartman

The Supreme Court of Appeal held that South African law does not require the seller in a contract of sale to be the owner of the thing sold. The seller's obligation is to deliver undisturbed possession and to warrant against eviction, not to transfer ownership. In this case, the respondent delivered possession of the game to the appellant, and there was no evidence of eviction or a claim by a person with better title. The appellant's defence based on alleged tacit or implied terms requiring transfer of ownership was rejected, as such terms are not implied by law and cannot be imported in cont…

Source excerpt

• Contract Of Sale
• Delivery Of Possession
• Warranty Against Eviction
• Implied And Tacit Terms

Uys and Another v Investgold Close Corporation (2011/45744)

Uys and Another v Investgold Close Corporation (2011/45744) [2013] ZAGPJHC 117 (3 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2011/45744

Judge

P Boruchowitz

The High Court held that Investgold failed to prove delivery of gold coins bought by the plaintiffs, and ordered delivery of the specified coins plus costs.

• Transfer Of Ownership
• Sale Of Goods
• Delivery Of Possession
• Agency And Attribution
• Fraudulent Misrepresentation
• Delivery-of-possession