Blanca Diamonds(Pvt)Ltd. v. Wilfred Van Els and Two Others – sllr 1997 volume 1 page 360

In the case between Blanca Diamonds (Pvt) Ltd. and Wilfred Van Els, the Employees’ Trust Fund Board, and others, the court addressed the issue of whether the petitioner company had fulfilled its contractual duty of full and frank disclosure (uberima fides) when seeking a writ of certiorari to quash decisions and directions made by the Employees’ Trust Fund Board. It was held that the application failed to meet the required standard of disclosure, particularly due to the non-production of the determination and decision dated 30.4.96, which were relevant to the inquiry regarding the company’s liability for Employees’ Trust Fund contributions. The principle that an applicant seeking discretionary relief must disclose all material facts was reaffirmed, with reliance on case law such as Alphons