De Villiers v Elspiek Boerdery (Pty) Ltd and Another (1196/2015)
De Villiers v Elspiek Boerdery (Pty) Ltd and Another (1196/2015) [2017] ZASCA 4 (9 March 2017)
The Supreme Court of Appeal found that the agent was duly authorised by the appellant to execute the lease, as the power of attorney was clear, attached the draft lease, and was initialled by the appellant. The subsequent conduct of the appellant confirmed his authority and intention. The lease was for the entire property, and the right reserved to the appellant to reside in the house was a limited restriction that did not amount to a lease of only a portion of agricultural land. The statutory prohibitions in s 3(d) and s 3(e)(ii) of the Subdivision of Agricultural Land Act did not apply, as…
Source excerpt
- Long Term Lease
- Authority Of Agent
- Subdivision Of Agricultural Land Act
- Rectification Of Contract
- Ministerial Consent
- Common Intention