Zephan Properties Proprietary Limited v Sabivert Proprietary Limited (695/2016)
Zephan Properties Proprietary Limited v Sabivert Proprietary Limited (695/2016) [2016] ZAECPEHC 66 (4 October 2016)
The respondent's right of occupation is founded on the first agreement of sale. However, the agreement is void for failure to comply with section 2(1) of the Alienation of Land Act, as it does not specify the method or dates of payment for the purchase price, and the respondent's contention that payment would be made from rental profits over time is not reflected in the written agreement. Oral evidence to supplement or vary the written terms is inadmissible. The suspensive condition was not strictly fulfilled, and no valid waiver or extension was made in writing. The applicant, as owner, is e…
Source excerpt
- Eviction
- Alienation Of Land Act
- Suspensive Condition
- Instalment Sale
- Onus Of Occupation