De Beer N.O and Others v Ghulam and Another (4217/2022)
De Beer N.O and Others v Ghulam and Another (4217/2022) [2024] ZAECMKHC 127 (26 November 2024)
The court found that the sale agreements were incidental credit agreements, not requiring registration as a credit provider under the National Credit Act. The Trust's cancellation of the agreements was lawful, and the settlement agreement was not void for misrepresentation. However, there is a material dispute of fact regarding whether the first respondent has paid more than 50% of the purchase price for 33 B[...] Street, which affects both the eviction application and the counter-application for transfer. The interests of justice, equity, and fairness require that the eviction application be…
Source excerpt
- Prevention Of Illegal Eviction Act
- Alienation Of Land Act
- National Credit Act
- Eviction Proceedings
- Contractual Novation
- Interest Calculation