Brits v Kommandantsdrift CC and Others

The case concerned a dispute over ownership of a portion of land known as the 'wedge', historically part of a larger farm that had been subdivided and consolidated through various transactions. In 2000, Kommandantsdrift CC sold farm Oude Zandrift 446 to Nico le Roux, and in 2008 Nico sold the same farm to Johannes Brits. At the time of both sales, all parties believed that the wedge did not form part of farm 446 and remained part of Kommandantsdrift CC’s land. Despite this belief, the wedge was in fact included in the title deed of farm 446 due to a prior consolidation. Kommandantsdrift CC continued to farm and invest in the wedge. In 2015, the CC and Nico instituted action seeking a declaration that both contracts of sale were void due to a common error, and that the deeds register be rectified. Brits opposed the claim and raised a special plea of prescription.

The appeal was dismissed with costs, and the matter was remitted to the Western Cape Division of the High Court for determination of the outstanding issues, including rectification of the deeds register and other postponed claims.

The case reaffirms South African contract law principles relating to common error and clarifies that a shared mistake as to the identity of the merx constitutes a material error rendering a contract void. It also underscores the evidentiary burden resting on a party raising prescription and highlights procedural obligations on courts to determine all issues separated by agreement between the parties.