Meridian Bay Restaurant (Pty) Ltd v Mitchell SC NO (686/2009)
Meridian Bay Restaurant (Pty) Ltd v Mitchell SC NO (686/2009) [2011] ZASCA 30; 2011 (4) SA 1 (SCA) (23 March 2011)
The Supreme Court of Appeal held that the developer fraudulently altered the sectional title plans, converting common property into units and transferring them to associated entities without the knowledge of the original purchasers. The subsequent purchaser, Meridian Bay, acquired the disputed sections with actual knowledge of the prior personal rights of the original purchasers, as evidenced by explicit contractual provisions and disclosures. The doctrine of notice applies in such circumstances, rendering Meridian Bay's acquisition wrongful. The court found that the absence of contractual pr…
Source excerpt
- Sectional Titles Act
- Doctrine Of Notice
- Double Sales
- Fraudulent Transfer
- Specific Performance
- Rectification Of Deeds