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South Africa decisions
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De Sanders Greef N.O and Another v GPP Properties CC and Another (20506/2023) [2025] ZAWCHC 81 (20 February 2025)
The High Court dismissed an application for leave to appeal against a judgment upholding an exception, finding no reasonable prospect of success.
Steytler N.O and Others v Strauss N.O and Others (2076/2020) [2021] ZAFSHC 343 (29 July 2021)
The High Court dismissed an exception to particulars of claim in a dispute over a water-right sale agreement, holding the pleading was clear enough to answer.
Absa Bank Limited v Evertrade 56 (Pty) Ltd (2012/20695) [2016] ZAGPJHC 205 (20 July 2016)
The court found that the defendant breached the Master Dealer Agreement by failing to deliver the vehicle to the plaintiff and misrepresented its ownership, as the vehicle belonged to an employee and not the dealership. The transaction was induced by fraud perpetrated by an imposter, which the defendant, through its agent, failed to detect due to inadequate verification of the customer's identity and documentation. The contract was voidable at the plaintiff's instance, entitling it to restitution of the purchase price. The defendant's plea of estoppel failed, as there was no evidence of preju…
Source excerpt
Armcoil Afrika (Pty) Ltd v Torre NO and Others (A760/2010) [2012] ZAGPPHC 310 (30 November 2012)
High Court appeal on whether interest ran on a subscription price after failed suspensive conditions and whether restitution required a tender of share return.
Strydom v Blue Owl cc (4268/2000) [2002] ZAWCHC 42 (14 August 2002)
High Court judgment on rectification, rescission, and restitution in a business sale after a disputed lease term and a false profit representation.
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