Slabbert v Du Plessis (A5052/2018)
Slabbert v Du Plessis (A5052/2018) [2019] ZAGPJHC 190 (3 June 2019)
The court found that the transaction between the parties was part of the fraudulent Brusson scheme and therefore invalid. Ownership of the immovable property never lawfully passed from the respondent to the appellant. Any subsequent oral agreement was also invalid as it did not comply with the Alienation of Land Act, which requires written agreements for the sale of land. The appellant's reliance on estoppel was rejected, as the law does not permit the validation of an unlawful transaction through estoppel. The court held that the respondent was entitled to restitution of her property and tha…
Source excerpt
- Fraudulent Property Transfer
- Alienation Of Land Act
- Invalid Contract
- Estoppel
- Punitive Costs