South Africa Case Law

Tladi and Others v City of Johannesburg Metropolitan Municipality and Others (2020/05024)

Tladi and Others v City of Johannesburg Metropolitan Municipality and Others (2020/05024) [2022] ZAGPJHC 445 (5 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/05024

Judge

Dlamini

The court found that the applicants failed to provide evidence that the City Council acted unlawfully in issuing the certificate of occupation to the second respondent. There were no minutes or resolutions supporting their claim that the property was to be held on their behalf. The applicants did not challenge the validity of the sale agreement when they were majors, nor did they provide any explanation or condonation for the delay in bringing the application. The allegations of misrepresentation and error were unsubstantiated. The court held that, in line with Oudekraal, the applicants shoul…

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• Conversion Of Rights Act
• Review Of Administrative Action
• Invalidity Of Sale Agreement
• Transfer Of Property
• Housing Tribunal Appeal

Prefix Properties (Pty) Ltd and Others v Golden Empire Trading 49 CC and Others (10035/2009)

Prefix Properties (Pty) Ltd and Others v Golden Empire Trading 49 CC and Others (10035/2009) [2010] ZAKZPHC 78; 2011 (2) SA 334 (KZP) (6 December 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10035/2009

Judge

Gorven

High Court held a land-sale agreement void for lack of ministerial consent, found no proven improvement lien, and granted restoration and related relief.

• Invalidity Of Sale Agreement
• Subdivision Of Agricultural Land Act
• Improvement Lien
• Restitution And Equitable Relief
• Cancellation Of Contract
• Occupational Rental

Nelson Mandela Bay Metropolitan Municipality v African Catholic Church and Others (2957/09)

Nelson Mandela Bay Metropolitan Municipality v African Catholic Church and Others (2957/09) [2010] ZAECPEHC 45 (4 May 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2957/09

Judge

N Dambuza

The High Court held that several land-sale agreements were invalid because they omitted essential written terms required by the Alienation of Land Act.

• Alienation Of Land Act
• Formalities Of Contract
• Invalidity Of Sale Agreement
• Essentialia Of Contract
• Rectification
• Extrinsic Evidence

Just Names Properties 11 CC and Another v Fourie and Others (324/06)

Just Names Properties 11 CC and Another v Fourie and Others (324/06) [2007] ZASCA 126; [2007] SCA 126 (RSA); [2008] 2 All SA 487 (SCA); 2008 (1) SA 343 (SCA) (28 September 2007)

Court

Supreme Court of Appeal

Case number

324/06

Judges

Brand, Heher, Mhlantla

The Supreme Court of Appeal held that the agreement for the sale of immovable property did not comply with section 2(1) of the Alienation of Land Act 68 of 1981 because the sellers signed two blank pages, which were subsequently completed. The Act requires that the deed of alienation be signed by the parties in its completed form, signifying their assent to the terms as written. The argument that the amendment constituted a counter-offer was rejected, as the evidence showed that the purchaser remained the offeror and the sellers did not make a written counter-offer. The invalidity of the agre…

Source excerpt

• Alienation Of Land Act
• Formalities Of Contracts
• Invalidity Of Sale Agreement
• Signature Requirements
• Counter Offer
• Fraud In Contract

Guba v Odendaal and Another (5155/05)

Guba v Odendaal and Another (5155/05) [2006] ZAGPHC 89 (6 September 2006)

Court

High Courts - Gauteng

Case number

5155/2005

Judge

E M Patel

The court held that an agricultural land sale was void for lack of statutory ministerial consent and could not be revived by later consent or conduct.

• Invalidity Of Sale Agreement
• Subdivision Of Agricultural Land Act
• Ministerial Consent
• Specific Performance
• Alienation Of Land Act
• Invalid-sale-agreement