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Unitrans Motors (Edms) h/a Algoa Motors v Botha NO en Andere (5019/2003) [2005] ZAFSHC 50 (19 May 2005)
The High Court dismissed a claim for delivery of a Toyota bakkie, holding that the owner was estopped from asserting title after entrusting the vehicle to a dealer for display and sale.
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.
Glofinco v Absa Bank Ltd. t/a United Bank (135/2001) [2002] ZASCA 91; 2002 (6) SA 470 (SCA) (30 August 2002)
The majority held that the appointment of a branch manager does not, in itself, constitute a representation that the manager is authorised to bind the bank in transactions outside the scope of ordinary branch business. The guarantees issued by Horne were not part of the ordinary business of a bank branch, as they exposed the bank to substantial risk without corresponding benefit and were not supported by evidence of customary banking practice. Braude, Glofinco's partner, was an experienced financier and was aware of the unusual nature of the transaction. His reliance was based on Horne's pers…
Source excerpt
Fivaz v ABSA Bank Bpk. (77/97) [1999] ZASCA 81 (10 November 1999)
The Supreme Court of Appeal dismissed an appeal against a surety’s claimed release, finding no clear representation that a new lease had already been concluded.
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