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

Scheepers v Strydom (370/90)

Scheepers v Strydom (370/90) [1994] ZASCA 3; [1994] 2 All SA 240 (A) (1 March 1994)

Court

Supreme Court of Appeal

Case number

370/90

Judges

Van Coller, Hoexter, Vivier, Kumleben

The court held that a land-sale contract sufficiently identified the purchaser and was not void under section 2(1) of the Alienation of Land Act.

• Sale Of Land
• Identification Of Parties
• Absolution From The Instance
• Counterclaim
• Formal Requirements For Contracts
• Sale-of-land