South Africa Case Law

Zato v Madikande and Others (349/21)

Zato v Madikande and Others (349/21) [2022] ZAWCHC 276 (9 February 2022)

Court

Western Cape High Court, Cape Town

Case number

349/21

Judge

Fortuin

The court found that the applicant intended to sell the property and signed all necessary documents for transfer. The transfer was registered and the purchase price paid. The alleged fraud by the estate agent did not affect the real agreement between the applicant and the first respondent. Section 28(2) of the Alienation of Land Act validated the transaction as the requirements for transfer and payment were met. The absence of witness signatures did not invalidate the agreement. The applicant's cancellation was neither communicated effectively nor accepted, and no grounds existed to reverse t…

Source excerpt

• Alienation Of Land Act
• Transfer Of Immovable Property
• Formalities Of Sale
• Fraud In Property Transactions
• Real Agreement
• Re Vindicatio

Elmo-York N.O v Van Dyk and Another (67219/2019)

Elmo-York N.O v Van Dyk and Another (67219/2019) [2020] ZAGPPHC 570 (22 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

67219/2019

Judge

GW Girdwood

The court found that the first respondent failed to discharge the onus of proving a right to possession of the property. The covering mortgage bond and unsigned deed of sale did not constitute a valid deed of alienation under section 2(1) of the Alienation of Land Act, as they were not signed by both parties and did not contain all material terms. The respondent's allegations regarding COVID-19 related hardship and lack of alternative accommodation were unsubstantiated and lacked supporting evidence. The requirements of PIE were satisfied, and no valid defence to eviction was raised. The cour…

Source excerpt

• Alienation Of Land Act
• Eviction Under Pie
• Vindicatory Claim
• Formalities Of Sale
• Just And Equitable Eviction

Aarifah Security Services CC v Jakoita Properties (Pty) Ltd and Others (12994/18)

Aarifah Security Services CC v Jakoita Properties (Pty) Ltd and Others (12994/18) [2020] ZAGPJHC 222; [2020] 4 All SA 730 (GJ); 2021 (5) SA 207 (GJ) (21 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

12994/18

Judge

Snyckers

The High Court held that Aarifah did not validly exercise its pre-emption right under a lease clause, because the communications and later offer did not meet the required formalities or timing.

• Pre Emption Rights
• Alienation Of Land Act
• Formalities Of Sale
• Specific Performance
• Contractual Interpretation
• Pre-emption-rights

Wilsnach v Gilmore and Others (24815/11)

Wilsnach v Gilmore and Others (24815/11) [2015] ZAWCHC 59 (8 May 2015)

Court

Western Cape High Court, Cape Town

Case number

24815/11

Judge

Yekiso

The court found that the plaintiff never intended to sell his property, but only to secure a loan. The agreement with MC Probonds expressly prohibited sale or alienation of the property. The subsequent deed of sale was procured by fraudulent misrepresentation, with the plaintiff and his wife signing documents under the false belief they were loan-related. The Gillmores had no intention to acquire ownership and were paid to participate in the transaction. The underlying agreement was tainted by fraud, and the statutory formalities required for a valid sale were not met. Applying the principle…

Source excerpt

• Fraudulent Misrepresentation
• Alienation Of Land Act
• Formalities Of Sale
• National Credit Act
• Transfer Of Ownership
• Restitution

S and Another v S and Others (4121/2007)

S and Another v S and Others (4121/2007) [2009] ZAFSHC 141 (3 December 2009)

Court

Free State High Court, Bloemfontein

Case number

4121/2007

Judge

Mocumie

The court held that a farm sale agreement was valid despite vague payment wording and the absence of the second spouse’s signature.

• Alienation Of Land Act
• Matrimonial Property Act
• Validity Of Contract
• Formalities Of Sale
• Transfer Of Immovable Property
• Alienation-of-land-act

Swanepoel v Nameng (43/2009)

Swanepoel v Nameng (43/2009) [2009] ZASCA 101; 2010 (3) SA 124 (SCA) ; [2010] 1 All SA 345 (SCA) (18 September 2009)

Court

Supreme Court of Appeal

Case number

43/2009

Judges

Mthiyane, Nugent, Ponnan, Snyders, Griesel

The SCA held that an immovable-property sale remained valid despite an initial wrong erf number, and that bond approval had fulfilled the suspensive condition.

• Alienation Of Land Act
• Formalities Of Sale
• Suspensive Condition
• Rectification Of Contract
• Specific Performance
• Alienation-of-land-act

Huntleigh Hejsani Duncan Manufacturing (Pty) Ltd v Hejsani Wagner Investments CC (17588/04)

Huntleigh Hejsani Duncan Manufacturing (Pty) Ltd v Hejsani Wagner Investments CC (17588/04) [2005] ZAGPHC 25 (4 March 2005)

Court

High Courts - Gauteng

Case number

17588/04

Judge

N Ranchod

The High Court enforced an exercised option to buy leased property, rejected vagueness and rectification defences, and held VAT was included in the price absent express exclusion.

• Alienation Of Land Act
• Option To Purchase
• Contractual Consensus
• Vat Liability
• Rectification
• Formalities Of Sale