South Africa Case Law

Msuthu N.O. and Another v Motlouwa and Others (1855/2015)

Msuthu N.O. and Another v Motlouwa and Others (1855/2015) [2017] ZAFSHC 174 (27 October 2017)

Court

Free State High Court, Bloemfontein

Case number

1855/2015

Judge

Mathebula

The court found that the contract for the sale of the property failed to comply with the Alienation of Land Act, as it did not specify the purchase price and left the method and timing of payment open for future negotiation. These omissions rendered the contract void ab initio. As there was no valid contract, the issue of cancellation did not arise. The applicants, as lawful owners, were entitled to seek eviction of the respondents. The court considered the requirements of the Prevention of Illegal Eviction from Unlawful Occupation of Land Act and the Constitution, finding that the first resp…

Source excerpt

• Alienation Of Land Act
• Formal Requirements For Contracts
• Eviction Proceedings
• Prevention Of Illegal Eviction Act
• Justice And Equity
• Contract Void Ab Initio

Double Option Trading 197 (Pty) Ltd v Grimbeek and Another (13703/07)

Double Option Trading 197 (Pty) Ltd v Grimbeek and Another (13703/07) [2009] ZAWCHC 204 (13 August 2009)

Court

Western Cape High Court, Cape Town

Case number

13703/07

Judge

Ndita

The High Court held that a land-development contract was void ab initio because the parties were mutually mistaken about the extent of the land available.

• Mutual Mistake
• Impossibility Of Performance
• Rectification
• Voetstoots Clause
• Contract Void Ab Initio
• Incorporation By Reference