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South Africa decisions
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Tshikovhi v Nemathithi (A09/2015) [2017] ZALMPTHC 10 (28 August 2017)
Appeal over stopped cheque payments and an alleged settlement agreement was dismissed. The court held no valid settlement was proven and no replication was required.
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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Dirk Swart (Eidendoms) Bpk. v Tommar Beleggings BK (238/90) [1991] ZASCA 186 (29 November 1991)
The Supreme Court of Appeal found that the appellant had received a mandate to sell both the immovable property and the hotel business. The evidence showed that the appellant's introduction of the property to the Department of Public Works was the direct and effective cause of the subsequent negotiations and voluntary agreement to sell. The expropriation was used solely as a mechanism to expedite payment at the request of the respondent, and did not alter the fundamentally consensual nature of the transaction. The court distinguished the present facts from the John Wilkinson case, noting that…
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