Theron v Blomerus en 'n Ander (33586/2004)
Theron v Blomerus en 'n Ander (33586/2004) [2005] ZAGPHC 255 (25 May 2005)
The court found that the property description in the agreement, namely the western half of Plot 53, Marjoran Street (1 hectare), is sufficiently certain to allow identification on the ground. The purchase price is certain, and the absence of specified payment terms defaults to payment on transfer, which is standard practice. The agreement is complete, and the parties' intention to be bound retroactively from 1 October 2000 is valid. Section 67 of Ordinance 15 of 1986 does not apply, as the sale did not concern an erf in a township but a portion of land. Therefore, the agreement is valid and e…
Source excerpt
- Sale Of Land
- Contract Formalities
- Identifiability Of Property
- Invalidity Of Contract
- Ordinance Compliance