Deepening Democracy through Access to Information
Home / Case Law / All Case Law RSS ← Back

Email this article

separate emails by commas, maximum limit of 4 addresses

Verification Image. Please refresh the page if you cannot see this image.

Sponsored by


Embed Video

Ferrari and Others v Gunner (1063/2013) [2015] ZASCA 5

11th March 2015


Font size: -+

The Supreme Court of Appeal on March 9 upheld the decision of the Gauteng Local Division of the High Court that the respondents deliver shares in a company to the appellant, who had applied for an order of specific performance of a contract for the purchase of shares in a family-owned company. The court also ordered that steps be taken to appoint him as a director and to give him signing powers on the company’s account.

The appellants had resisted the claim in the high court on three bases: that the contract was void, having been induced by undue influence exercised by the respondent’s wife, their former attorney, and because she had made a fraudulent misrepresentation about the meaning of a clause in the agreement. The third basis was that specific performance was not an appropriate remedy in the circumstances as it would force the family to bring an outsider into the company’s business.
The court below found that there was no undue influence, and that a fraudulent misrepresentation had not been established; and after considering the arguments as to why specific performance was not appropriate, exercised a discretion in ordering performance of the contract.


On appeal, this court confirmed the findings that there had been no undue influence and that no misrepresentation had been established, and declined to interfere in the local division’s exercise of its discretion.

To watch Creamer Media's latest video reports, click here
  • Ferrari and Others v Gunner (1063/2013) [2015] ZASCA 5
    0.27 MB
Sponsored by


To subscribe email or click here
To advertise email or click here

Comment Guidelines

About is a product of Creamer Media.

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more


We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store


Advertising on is an effective way to build and consolidate a company's profile among clients and prospective clients. Email

View options
Free daily email newsletter Register Now