John and Another v Persad and Others (6348/07)
John and Another v Persad and Others (6348/07) [2009] ZAKZDHC 12 (6 May 2009)
The court held that the agreement of sale between applicants and first and second respondents was not void ab initio merely because the sellers were not the registered owners. However, specific performance could not be granted because first and second respondents lacked the legal authority and ability to deliver the property, which remained vested in the deceased's estate. The executor (fourth respondent) was not a party to the sale agreement and was under no contractual duty to transfer the property. Furthermore, the estate suffered from a cash deficiency, and the liquidation and distributio…
Source excerpt
- Specific Performance
- Sale Of Immovable Property
- Estate Liquidation
- Joinder Of Parties
- Authority Of Heirs