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South Africa decisions
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BLC Plant Company (Pty) Ltd v Maluti-A-Phofung Local Municipality and Others (6054/2017) [2018] ZAFSHC 25 (8 March 2018)
The court granted an owner’s application for return of three Caterpillar machines, rejecting the municipality’s estoppel defence.
Northern Metropolitan Local Council v Company Unique Finance (36/11) [2012] ZASCA 66; 2012 (5) SA 323 (SCA); [2012] 3 All SA 498 (SCA) (21 May 2012)
The Supreme Court of Appeal held that the appellant council was not estopped from denying the authority of Du Plessis to bind it in the rental agreements. There was no evidence that the council, by word or conduct, made any representation to Compufin or its agents that Du Plessis or Van Wyk had authority to bind the council. The officials involved were low-ranking and lacked the trappings of seniority necessary to create ostensible authority. The acceptance of the resolution by Compufin was unreasonable, as it was not accompanied by minutes or proper verification, and the open-ended nature of…
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Tim (Natal) Pallets & Timber Products CC v Rhino Cash & Carry and Another (5179/09) [2009] ZAKZPHC 72 (3 December 2009)
The court dismissed a claim for return of pallets, finding the applicant was estopped by its conduct from asserting ownership after delivery without notice of reservation.
Concor Holdings (Pty) Ltd t/a Concor Technicrete v Potgieter (219/03) [2004] ZASCA 59; [2004] 4 All SA 589 (SCA); 2004 (6) SA 491 (SCA) (28 May 2004)
The Supreme Court of Appeal held that a supplier was estopped from reclaiming paving stones, because its conduct could reasonably mislead the buyer into believing the builder could transfer ownership.
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