Mungur v Minister of Rural Development and Land Reform (478/2011)
Mungur v Minister of Rural Development and Land Reform (478/2011) [2014] ZAECPEHC 86 (11 December 2014)
The court held that the correspondence between the parties identified the purchaser, seller, property, and purchase price with sufficient accuracy to satisfy the essentialia of a contract for the sale of land. The absence of a written term specifying the method of payment does not invalidate the agreement, as the common law position—cash payment against transfer—applies unless the parties expressly agree otherwise. There was no evidence of any agreement to deviate from the common law position. Therefore, the correspondence constitutes a valid deed of alienation under section 2(1) of the Alien…
Source excerpt
- Alienation Of Land Act
- Deed Of Alienation
- Essentialia Of Contract
- Method Of Payment
- Contractual Formalities