Mogoera v Bosaaletse and Others (3222/2013)
Mogoera v Bosaaletse and Others (3222/2013) [2015] ZAFSHC 132 (26 June 2015)
The application for leave to appeal was dismissed because there were no reasonable prospects that another court would reach a different conclusion on the facts or law. Rectification was not possible as no valid deed of sale existed, and even if it were possible, the trustees were innocent third parties who would be unfairly affected. Section 19 of the Alienation of Land Act did not apply to the transaction, as it was not a sale in instalments over more than one year. The real agreement between the seller and the trustees was invalid at the time of signing due to lack of authority, but transfe…
Source excerpt
- Rectification Of Contract
- Alienation Of Land Act
- Innocent Third Party Protection
- Real Agreement Transfer
- Doctrine Of Notice