Philani-Ma-Afrika and Others v Mailula and Others, Mailula v Mashele and Others
Philani-Ma-Afrika and Others v Mailula and Others, Mailula v Mashele and Others [2008] ZAGPHC 446; 4341/08, 2008/4453 (4 November 2008)
The court found that although section 228 of the Companies Act was not complied with, the transfer of Angus Mansions to Mr Mailula had already occurred and both parties had performed. The Registrar of Deeds was entitled to rely on the conveyancer's assurances, and the purchaser was not required to verify internal company resolutions. The court held that setting aside the transfer would cause disproportionate prejudice to innocent parties, including the purchaser and mortgagee, and that the applicant's remedy lay in damages, not in reversal of the transfer. The application to set aside the sal…
Source excerpt
- Section 228 Companies Act
- Transfer Of Immovable Property
- Eviction Proceedings
- Deeds Registry Act
- Bona Fide Purchaser
- Company Resolution Requirements