Fraai Uitzicht 1798 Farm (Pty) Ltd v McCullough and Others (118/2019) [2020] ZASCA 60 (5 June 2020)

Rescission of judgment – whether an order granting a right of way of
necessity can be rescinded on the basis of fraud or justus error – insufficient evidence to prove respondents’ knowledge of fraudulent misrepresentation – no basis for finding that court a quo would have granted a different order had the true facts been known to it – appeal dismissed.