South Africa Case Law

Magano and Another v Dipheko (1532/2018)

Magano and Another v Dipheko (1532/2018) [2019] ZANCHC 37 (30 August 2019)

Court

Northern Cape High Court, Kimberley

Case number

1532/2018

Judge

Sieberhagen

The court found that material disputes of fact exist regarding the circumstances of the signing of the Deed of Sale and the respondent's claim of innocent misrepresentation. These disputes cannot be resolved on affidavit alone. The evidence of third parties, such as the conveyancer and the person who presented the documents, is necessary to adjudicate the matter fairly. The court determined that the applicants could not have foreseen the respondent's reliance on innocent misrepresentation. Accordingly, the matter is referred for oral evidence under Rule 6(5)(g), and costs are reserved for the…

Source excerpt

• Specific Performance
• Sale Of Immovable Property
• Innocent Misrepresentation
• Dispute Of Fact
• Referral For Oral Evidence

Argent Industrial Limited v Arcelormittal South Africa Limited (18188/2013)

Argent Industrial Limited v Arcelormittal South Africa Limited (18188/2013) [2014] ZAGPPHC 679 (4 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

18188/2013

Judge

BAM

The High Court dismissed an exception to amended particulars of claim, finding the pleaded facts sufficiently clear and not vague or embarrassing.

• Pleading Requirements
• Innocent Misrepresentation
• Fiduciary Duty
• Exception Procedure
• Pleading-requirements
• Exception-procedure

Tatrim CC v Spenmac (Pty) Ltd (1622/2011)

Tatrim CC v Spenmac (Pty) Ltd (1622/2011) [2013] ZAECPEHC 5 (31 January 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1622/2011

Judge

GG Goosen

The High Court held that the sale of a sectional title property was void for lack of consensus after innocent misrepresentations about subdivision rights.

• Innocent Misrepresentation
• Unilateral Mistake
• Lack Of Consensus
• Sectional Titles Act
• Contract Rescission
• Innocent-misrepresentation