Maifala and Another v Ramashapa and Others (5378/2024)
Maifala and Another v Ramashapa and Others (5378/2024) [2025] ZALMPPHC 70 (10 April 2025)
The court found that the applicants' claim for transfer of the property constituted a personal right subject to prescription under the Prescription Act. Prescription commenced when the purchase price was paid and the applicants became entitled to transfer, and was not interrupted by subsequent communications or partial repayments. By the time the application was launched, more than three years had elapsed, and the claim had prescribed. The court also held that material factual disputes existed regarding the terms of the agreement, payment of municipal charges, and the conduct of the parties,…
Source excerpt
- Prescription Act
- Transfer Of Immovable Property
- Sale Agreement Dispute
- Material Factual Dispute
- Municipal Clearance Figures