THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA

MEDIA STATEMENT – CASE HEARING IN SUPREME COURT OF APPEAL
 
Harold Plit v Imperial Bank Ltd

Supreme Court of Appeal -70/05 Hearing date: 15 September 2006
  Judgment date: 26 September 2006

Purchase and sale – warranty against eviction – whether excluded in instalment sales agreement with bank.


Media Summary of Judgment

A doctor from Vereeniging today had his appeal against a Johannesburg High Court judgment dismissed with costs. Dr Plit bought an air craft and two new engines for it and financed the deal through Imperial Bank. It turned out that the aircraft was not owned by the company from which Plit purchased it and the true owner successfully claimed the aircraft and engines from Plit. Plit contended in these circumstances he was not liable to the Bank as they had sold the aircraft and engines to him on an instalment sale agreement. The SCA held that the trial judge had been correct in finding that the Bank had not warranted that Plit would become the owner.