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South Africa Case Law

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Land And Property [2014] ZAWCHC 124

Morley v Lambrechts (A 526/2013)

Morley v Lambrechts (A 526/2013) [2014] ZAWCHC 124 (21 August 2014)

Court
Western Cape High Court, Cape Town
Case number
A 526/2013
Judges
Binns-Ward, Fortuin, Henney

The High Court held that a disguised sale, lease and buy-back scheme over a home was contrary to public policy and void ab initio.

  • Sale Of Immovable Property
  • Public Policy Invalidity
  • Pactum Commissorium
  • Unjust Enrichment
  • Lack Of Consensus
  • National Credit Act
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Land And Property [2013] ZAECPEHC 5

Tatrim CC v Spenmac (Pty) Ltd (1622/2011)

Tatrim CC v Spenmac (Pty) Ltd (1622/2011) [2013] ZAECPEHC 5 (31 January 2013)

Court
Eastern Cape High Court, Port Elizabeth
Case number
1622/2011
Judge
GG Goosen

The High Court held that the sale of a sectional title property was void for lack of consensus after innocent misrepresentations about subdivision rights.

  • Innocent Misrepresentation
  • Unilateral Mistake
  • Lack Of Consensus
  • Sectional Titles Act
  • Contract Rescission
  • Innocent-misrepresentation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.