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South Africa decisions
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Le Roux v Zietsman and Another (330/202) [2023] ZASCA 102 (15 June 2023)
The Supreme Court of Appeal held that the seller fraudulently failed to disclose latent roof defects in a guesthouse sale, and dismissed the appeal with costs.
Zascotime (Pty) Ltd v Abrina 3765 (Pty) Ltd t/a BMW Sandton (A5014 / 2022 ; 35714 / 2020) [2023] ZAGPJHC 677 (9 June 2023)
The court found that the appellant had exclusive knowledge of the pending litigation with the City of Johannesburg and the illegality of the advertising sign. The appellant failed to disclose these material facts to the respondent, which would have influenced the respondent's decision to enter into the agreement. The moratorium relied upon by the appellant did not apply, as the appellant had not entered into the required agreement with the City of Johannesburg to regularise the sign. The court held that the appellant's non-disclosure constituted a breach of its duty to disclose material infor…
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Anioma Property (Pty) Ltd v DMFT Property Developers and Others (49230/2021) [2023] ZAGPJHC 818 (8 March 2023)
The High Court ordered the purchaser to pay transfer costs and complete transfer of the property, rejecting a defence based on alleged non-disclosure of a caveat.
Momentum Group Limited v Myburg (46098/2010) [2016] ZAGPPHC 1154 (22 November 2016)
The High Court dismissed a counterclaim for damages based on alleged negligent misrepresentation about job leads, finding no duty to disclose their nature or quality.
Ellis and Another v Cilliers N.O and Others (16936/11) [2015] ZAWCHC 145; 2016 (1) SA 293 (WCC) (9 October 2015)
The court found that the unlevel floors and remedial works constituted latent defects, as they were not visible or discoverable upon inspection and substantially impaired the ordinary use of the property. The sellers were aware of these defects and failed to disclose them, thereby acting fraudulently and defeating the protection of the voetstoots clause. The court adopted a liberal approach to the definition of latent defects, holding that any unusual feature hindering renovation or ordinary use must be disclosed. The sellers' failure to inform the buyers placed the parties on unequal terms a…
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Ruslyn Mining & Plant Hire (Pty) Ltd v Alexkor Ltd (642/2009) [2010] ZANCHC 8 (26 February 2010)
The High Court refused Ruslyn’s late amendment and granted absolution from the instance on a misrepresentation claim against Alexkor.
New Adventure Investments 193 (PTY) Ltd v Trustees for the time being of the SAS Trust (2577/1999) [2002] ZAWCHC 19; [2002] 3 All SA 544 (C) (22 April 2002)
The court found that the defendant, through Mr Stevenson, acquired exclusive knowledge of the application for departure from zoning regulations for a proposed multi-storey development on the neighbouring property prior to the sale. This information was material to the plaintiff's decision to purchase, given the property's panoramic views. The defendant deliberately withheld this information, intending to induce the plaintiff to contract. The court rejected the defendant's argument that the information was equally accessible or ascertainable by ordinary diligence, holding that the exception to…
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