Wales v Myburgh (2017/16776)
Wales v Myburgh (2017/16776) [2018] ZAGPJHC 505 (31 July 2018)
The court found that the respondent's defences, based on alleged oral agreements for donation, compromise, or maintenance, were unsustainable in law due to the Alienation of Land Act, which requires written agreements for the transfer of immovable property. The evidence did not support the existence of a binding contract of maintenance or any real right to occupy the property. The correspondence and affidavits demonstrated, at best, an agreement to agree, not a concluded contract. The respondent's claim for a stay of eviction, pending her action for alternative accommodation, was rejected as…
Source excerpt
- Prevention Of Illegal Eviction Act
- Oral Agreements For Immovable Property
- Right Of Retention
- Contract Of Maintenance
- Stay Of Eviction
- Specific Performance