Silva vs Ossen Saibo – clr volume 2 page 079_2

In the case between the vendee (plaintiff/buyer) and the vendor (defendant/seller) concerning a deed of conveyance, the court examined whether language in the deed constituted an express covenant of title or merely limited the vendor’s liability to his own acts. The central issue involved the legal interpretation of whether the covenant provided either a general or implied warranty for title. It was determined that the explicit wording, when construed according to Roman-Dutch Law and the deed’s context, did not establish a general warranty but only related to disputes arising from the vendor’s own acts. The claim was dismissed. The decision reaffirmed the principle that the construction of express covenants can expressly limit or exclude broader warranties unless explicitly stated, emphasi