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South Africa decisions
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Avbob Mutual Assurance Society v Mkhonza and Others (11408/2022) [2024] ZAGPPHC 632 (27 June 2024)
The High Court held that a zoning warranty in a sale agreement was severable from the sale. Rescission was refused and the purchaser proved no damages.
Care Cure (Pty) Ltd v Landman (A134/2023) [2024] ZAFSHC 130 (10 May 2024)
The High Court dismissed an appeal over a settlement agreement, finding no proven misrepresentation and holding that the counterclaim had prescribed.
Titan Asset Management (Pty) Ltd and Others v Lanzerac Estate Investments (Pty) Ltd and Another (2102 / 2020) [2023] ZAWCHC 136; [2023] 3 All SA 589 (WCC) (9 June 2023)
High Court held that fraud-based rescission was not barred by contract clauses, and that the plaintiffs’ restitution tender raised trial issues.
Fritzsche v Booysen (14155/2014) [2021] ZAWCHC 16 (5 February 2021)
High Court set aside a property proceeds agreement and power of attorney, finding the defendant unduly influenced the plaintiff and ordering repayment with interest.
AJVH Holdings (Pty) Ltd and Others v Steinhoff International Holdings NV and Another; AJVH Holdings (Pty) Ltd and Others v Steinhoff International Holdings NV and Others (8276/2018) [2020] ZAWCHC 46 (4 June 2020)
The court held that consolidation of the action for interim relief with the principal action would be procedurally inappropriate and not convenient within the meaning of rule 11. Interim relief pendente lite is intended to be determined urgently and separately from the main action; consolidating the two would render the interim relief redundant and defeat its purpose. The applicants' suggestion that subsequent separation could remedy any inconvenience was rejected as adding further procedural complexity. The court found no basis to consolidate the actions and dismissed the application for con…
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Jalite (Pty) Ltd v Shanghai Furniture Import & Export CC (223/2018) [2019] ZASCA 39 (29 March 2019)
The Supreme Court of Appeal held that the lease was not based on square meterage, no material misrepresentation was proved, and the lessee was not entitled to cancel.
Rocker v Alegrand General Dealers and Auctioneers (Pty) Ltd t/a Grand Auctions (93039/2016) [2017] ZAGPPHC 896 (1 December 2017)
The High Court set aside an auction sale of a vehicle sold as a GTI after finding that it was materially misrepresented and ordered a refund, interest, and costs.
F v F (12469/2016) [2017] ZAGPJHC 129 (10 May 2017)
The court held that the relevant clauses of the settlement agreement constituted a stipulatio alteri for the benefit of the trustees. Upon acceptance of the benefit, the trustees became parties to the contract and subject to its terms. If the stipulator (Mr F.) was induced to enter into the agreement by material misrepresentation by Ms F., he is entitled to rescind the agreement, which extinguishes the benefit conferred on the trustees. The obligation to restore what was received under the benefit arises upon rescission. The particulars of claim, although not perfectly framed, are sufficient…
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Integer Mortgage SPV (Pty) Limited v Body Corporate of Le Domaine and Others (333/2014;6634/2014) [2016] ZAKZDHC 51 (10 November 2016)
The court dismissed Integer Mortgage’s applications and ordered payment of the trust-held levy stabilisation fund contribution to the body corporate.
Siafa Investment Holdings (Pty) Ltd v Motlekar and Another (08/36380, 15/35612) [2016] ZAGPJHC 247 (28 July 2016)
The High Court found that SIAFA was induced by fraudulent misrepresentations to enter a share subscription agreement and ordered rescission, repayment, and punitive costs.
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