Du Plessis v Prophitius and Another (204/08)
Du Plessis v Prophitius and Another (204/08) [2009] ZASCA 79; 2010 (1) SA 49 (SCA); [2009] 4 All SA 302 (SCA) (3 June 2009)
The Supreme Court of Appeal held that the trust, as transferor, had the requisite intention to transfer ownership to the respondents, as evidenced by resolutions and signed documents authorising the transfer. The abstract theory of transfer applies to immovable property, requiring both registration and a real agreement with intention. Fraudulent motive does not negate the existence of genuine intention to transfer ownership. The registration of title in the respondents' names was valid, and the appellant's claim to ownership failed. The appeal was dismissed with costs, except for the costs of…
Source excerpt
- Transfer Of Ownership
- Registration Of Title
- Fraudulent Intent
- Abstract Theory Of Transfer