Supreme Court of Appeal of South Africa - 1947 November

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5 judgments

Citation	Judgment date
November 1947
Van Schalkwyk v Griesel (28/47) [1947] ZASCA 6 (28 November 1947) Misrepresentation about water rights justified rescission; pre-action tender not an absolute prerequisite; appeal dismissed. Contract law – Misrepresentation and rescission – False representation as to water rights inducing lease – Requirement of tender of restitution before action for rescission not absolute – Continued occupation and election/affirmation: burden on party pleading affirmation – Appellate review of credibility findings.	28 November 1947
Rose and Another v ALPHA Secretaries Limited (9/47) [1947] ZASCA 9 (26 November 1947) A purchaser's written undertaking to buy, kept open until a date, created an option to purchase but not a binding sale by the sellers. Contract law — Offer and acceptance — Construction of correspondence — "Agreement to purchase" does not necessarily import reciprocal obligation to sell — Option to keep offer open until specified date — Declaration of concluded sale refused.	26 November 1947
Cooper v Council of the Incorporated Law Society of Natal and Another (80/48) [1947] ZASCA 7 (25 November 1947) An application to bar recommenced disciplinary proceedings was refused; trial court’s discretion to refuse amendment and costs order upheld. Professional discipline — Disciplinary inquiry — Withdrawal and recommencement de novo — Application for decree of perpetual silence — Judicial discretion in refusing amendment to relief sought — Costs follow the event.	25 November 1947
Pretorius v Pretorius and Another (22/47) [1947] ZASCA 13 (11 November 1947) Wife’s claim that husband’s 1942 transfer of joint-estate land to third party was fraudulent failed for lack of proof and creditworthy evidence. Matrimonial property – joint estate – disposition of joint-estate asset by husband to third party – allegation of fraud by wife – proof of fraudulent intention and inadequacy of price – credibility of witnesses and valuation evidence – whether tender or accounting necessary – appeal against factual findings.	11 November 1947
Momsen v R (14/47) [1947] ZASCA 16 (5 November 1947) Medical evidence linking assault to fatal spinal injury upheld culpable homicide conviction; sentence affirmed. Criminal law – Culpable homicide – Causation – Medical evidence linking assault to fractured/dislocated neck and spinal cord injury – Sufficiency of evidence to sustain conviction – Appeal: sentence within trial court discretion.	5 November 1947