B.K v Z.K and Others (515/2017)
B.K v Z.K and Others (515/2017) [2018] ZAECGHC 16 (1 March 2018)
The court found that the third respondent had no authority to sell the property, rendering the deed of sale null and void. The subsequent regional court order purporting to ratify the sale was itself a nullity and could not revive the invalid contract. The abstract theory of transfer did not apply because there was no real agreement or intention by the true owners to transfer ownership. Section 28(2) of the Alienation of Land Act was inapplicable as the sale was not signed by the owners or their authorized agent. Consequently, the transfer to the second respondent was invalid, and ownership r…
Source excerpt
- Alienation Of Land Act
- Authority Of Receiver
- Abstract Theory Of Transfer
- Ratification Of Nullity
- Mortgage Bond Liability
- Costs Orders