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South Africa decisions
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Tshoma and Another v Phala N.O and Others (11223/21) [2024] ZAGPJHC 1211 (26 November 2024)
The High Court dismissed an application to cancel a property sale and transfer, holding that a necessary party had not been served and the founding papers were inadequate.
Zato v Madikande and Others (349/21) [2022] ZAWCHC 276 (9 February 2022)
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…
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Narainsamy and Others v Nel and Another (15281/2014) [2020] ZAKZPHC 5 (28 February 2020)
The court found that the conditions precedent in the May 2018 order, specifically the issuance of a SARS tax clearance certificate, were not met, and thus Nel did not acquire any enforceable right to demand transfer or occupation of the property. The subsequent sale and transfer to Soni were valid, as Soni was a bona fide purchaser who paid all amounts due and obtained transfer in accordance with the abstract theory of transfer. The allegations of fraud were not sufficiently proven and were not ventilated in oral evidence, making it inappropriate to set aside the transfer on that basis. The c…
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