Anderson v Bredenkamp N.O. (5469/2007)
Anderson v Bredenkamp N.O. (5469/2007) [2015] ZAFSHC 25 (8 January 2015)
The court found that the defendant failed to discharge the onus of proving that the plaintiff had actual or constructive knowledge of the facts necessary to sustain her enrichment claim prior to 15 November 2004. The evidence showed that the plaintiff only became aware of the invalidity of the Deed and the requirement for ministerial consent in 2006, after being locked out of her house and consulting attorneys. The plaintiff acted reasonably and with due diligence in acquiring the necessary knowledge, and there was no indication of negligent inaction. The probabilities favoured the plaintiff'…
Source excerpt
- Extinctive Prescription
- Enrichment Action
- Subdivision Of Agricultural Land Act
- Bona Fide Occupancy
- Ministerial Consent Requirement