Rousseau v Lombard and Another (M241/2019)
Rousseau v Lombard and Another (M241/2019) [2020] ZANWHC 5 (30 January 2020)
The applicant could not have donated or transferred ownership of the motor vehicle to the first respondent because he was not the owner; the vehicle was subject to an instalment sale agreement with the second respondent, who retained ownership until full payment. The agreement expressly prohibited transfer without the bank's written consent, which was not obtained. Any purported donation was executory and, in terms of section 5 of the General Law Amendment Act, required to be in writing and signed, which was not the case. The first respondent failed to prove on a balance of probabilities that…
Source excerpt
- Instalment Sale Agreement
- Ownership Transfer
- Donatio Inter Vivos
- Executory Donation
- Section 5 General Law Amendment Act