Mkhwananzi v Mncube and Another (2023/115676)
Mkhwananzi v Mncube and Another (2023/115676) [2025] ZAGPJHC 444 (2 May 2025)
The court held that an exception cannot be validly raised against a simple summons, as a simple summons is not a pleading and does not contain the averments required for a pleading under the Uniform Rules of Court. Even if the exception were competent, the oral agreement between the parties did not constitute a deed of alienation for purposes of the Alienation of Land Act, as the defendants were not acting as sellers or owners intending to dispose of the property to the plaintiff. Rather, the agreement resembled a mandate for the defendants to purchase and register the property on behalf of t…
Source excerpt
- Exception Procedure
- Alienation Of Land Act
- Oral Agreements
- Public Auction Sale
- Mandatum
- Pleading Requirements