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South Africa decisions
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Martin K Holdings (PTY) Ltd v Nedport Developments (Pty) Ltd (D4299/2020) [2021] ZAKZDHC 49 (27 October 2021)
The court held that the purchaser failed to obtain the required loan by the deadline, so the sale agreement lapsed and the buyer’s application was dismissed.
Rabson v Lance Real Estate CC and Another (3762/2008) [2011] ZAWCHC 258 (8 June 2011)
The court found that the agent made material and fraudulent misrepresentations to the plaintiff regarding the price and status of unit 703, inducing the plaintiff to contract at a higher price. The agent concealed the prior sale to Dr Lazard and the true developer price of R3.1 million, instead representing the price as R3.9 million. The developer was held vicariously liable for the agent's misrepresentations, in line with established authority. The appropriate measure of damages was the difference between the price paid and the true price, plus increased transfer costs. The claim for additio…
Source excerpt
Milprops 462 CC v Sevenstone Investments 118 (Pty) Ltd, Lubbe v Sevenstone Investments 118 (Pty) Ltd (3983/2008, 3982/2008) [2008] ZAWCHC 260 (4 September 2008)
The court granted interim interdicts preventing alienation of sectional title units pending actions for specific performance, finding a prima facie right and favouring the balance of convenience.
Crossroads Distribution (PTY) Ltd t/a Jowells Transport v Petersen N.O. and Another (1638/2003) [2004] ZAWCHC 24 (11 October 2004)
The High Court refused leave to execute an occupational-interest order pending appeal, finding no irreparable harm and making no costs order.
FHP Managers (PTY) Ltd v Theron N.O. and Others (13608/98) [2001] ZAWCHC 1 (13 July 2001)
High Court application to execute a prior order pending appeal was refused. The court found no sufficient proof of irreparable harm and made no costs order.
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