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South Africa decisions
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Meiring v RC Auto and Others (4048/2024) [2025] ZAFSHC 31 (7 February 2025)
The court allowed cancellation of a used vehicle sale after finding undisclosed collision history and serious latent defects that defeated the vehicle’s intended use.
Jones N.O v ABSA Bank Limited (A64/2023) [2024] ZAWCHC 343 (1 November 2024)
Appeal about a defective loader finance deal and a disputed settlement was upheld. The court held the buyer could still pursue aedilitian damages against ABSA.
Lazarus Motor Company v Robert and Another (A58/22) [2024] ZAGPPHC 423 (6 May 2024)
The court found that the rust present in the respondent's vehicle constituted a latent defect as defined by the Consumer Protection Act. The defect was not visible at the time of purchase and rendered the vehicle less acceptable and unsafe than a new vehicle should be. The court rejected the applicant's argument that the rust was caused by an acid spill, relying instead on expert evidence that the corrosion resulted from exposure to water. The Tribunal's approach to expert evidence was upheld, as it properly dismissed hearsay and unsupported claims. The respondent was entitled to the protecti…
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VAW Belingsings (Pty) Limited Liquidation v MKD Properties (Pty) Limited (A118/2022) [2023] ZAGPPHC 2013 (14 December 2023)
The court found that Mr Pretorius, acting as auctioneer, made intentional misrepresentations regarding the dam's water rights and value, which induced the respondent to purchase the property. The evidence showed that Mr Pretorius lacked accurate information about the dam, its water source, and servitudes, yet he made definitive statements to promote the sale and deliberately cut off further discussion. This conduct amounted to dolus eventualis, as he reconciled himself with the possibility of misleading the purchaser. The voetstoots clause in the agreement of sale does not protect against int…
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Route Management (Pty) Ltd t/a Busaf Bauer v Misty Sea Trading 296 (Pty) Ltd t/a Project Logistics Management (5476/2019) [2023] ZAFSHC 406 (23 October 2023)
The High Court granted leave to appeal in a trailer-sale dispute, finding real prospects that a Full Bench could reach a different conclusion.
Masehla v N.G and Another (2019/40372) [2023] ZAGPJHC 1165 (16 October 2023)
The High Court dismissed an application to remove a bar, finding no reasonable explanation for a three-year delay and no need to reach a bona fide defence.
Stemmet and Another v Mokhethi and Another (681/2022) [2023] ZASCA 127 (4 October 2023)
The Supreme Court of Appeal held that the respondents were in possession of sufficient facts to institute action against the appellants as early as June 2014. The respondents had observed structural cracks, patchwork indicating concealment, and deterioration of the property, which was sufficient to form a reasonable belief that the appellants had fraudulently concealed latent defects. The court found that knowledge of the precise cause of the defects was not required for prescription to commence. The majority of the full court erred in concluding that prescription only began when the responde…
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Zeda Car Leasing (Pty) Ltd t/a Avis Fleet Services v Fourie N.O and Others - Appeal (CA 136/2022) [2023] ZAECMKHC 89 (22 August 2023)
The court found that the respondents failed to prove that Avis, through its directors or controlling managers, had actual knowledge of the radiator defect at the time of sale or deliberately concealed it. The evidence showed that the defect was only noted on a service invoice sent for payment, not for reporting, and was not communicated to the relevant technical staff. The internal procedures and volume of invoices rendered it implausible that the defect came to the attention of those responsible for the sale. There was no evidence of fraud or intentional concealment, and mere negligence or i…
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Olivier and Another v Manzini and Others (2022/20584) [2023] ZAGPJHC 757 (4 July 2023)
The High Court referred a residential property-sale dispute and counter-application to trial because of material disputes over defects, compliance, voetstoots, and repudiation.
Misty Sea Trading 296 (Pty) Ltd t/a Project Logistics Managemant v Route Management (Pty) Ltd t/a Busaf Bauer (5476/2019) [2023] ZAFSHC 244 (20 June 2023)
High Court case on a custom-built trailer: the court held the defendant breached the sale agreement because the trailer snagged on the ground and was unfit for purpose.
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