South Africa Case Law

Mamathuba v Nisch (0041888/16)

Mamathuba v Nisch (0041888/16) [2017] ZAGPJHC 365 (24 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

0041888/16

Judge

Goodman

The court found that the applicant was not misled regarding the subdivision status of the property, as evidenced by the attached plan and subsequent correspondence. Even if there had been a misrepresentation, the applicant elected to enforce the agreement by signing the addendum, thereby waiving any right to rescind. The property was adequately described in the sale agreement, and the subdivision had been approved, making the property capable of sale. The requirements of section 2(1) of the Alienation of Land Act were met, and the agreement was valid. The respondent was entitled to retain the…

Source excerpt

• Alienation Of Land Act
• Description Of Merx
• Misrepresentation
• Suspensive Conditions
• Deposit Retention

Du Plessis NO and Another v Goldco Motor & Cycle Supplies (Pty) Ltd (372/08)

Du Plessis NO and Another v Goldco Motor & Cycle Supplies (Pty) Ltd (372/08) [2009] ZASCA 62; 2009 (6) SA 617 (SCA); [2009] 4 All SA 203 (SCA) (29 May 2009)

Court

Supreme Court of Appeal

Case number

372/08

Judges

NAVSA, LEWIS, SNYDERS, KROON, GRIESEL

The Supreme Court of Appeal held that an option to buy immovable property was enforceable where the seller’s agent frustrated its prescribed exercise.

• Option To Purchase
• Alienation Of Land Act
• Specific Performance
• Fictional Fulfilment
• Contractual Conditions
• Description Of Merx