The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
This case considered whether the appellant had obtained the title of suit property by fraud. The court considered the grounds which would constitute fraud. It was found that fraud means actual fraud or some act of dishonesty. The court held that fraud must be proved strictly, the burden being heavier than on a balance of probabilities generally applied in civil matters. Accordingly, the fraud requires some act of dishonesty.