Leta v Bennet and Others (23639/2015)
Leta v Bennet and Others (23639/2015) [2019] ZAGPPHC 329 (30 July 2019)
The court found that, although the applicant claimed to have been misled into believing she was entering into a loan agreement, the objective evidence indicated she knowingly entered into a sale agreement with the option to repurchase the property. The documents signed by the applicant, including the sale agreement, transfer documents, and lease agreement, clearly indicated a sale and transfer of ownership. The applicant's own correspondence prior to learning of the Moore judgment reflected her understanding that she was selling the property with the expectation of repurchasing it later, not…
Source excerpt
- Fraudulent Transfer Of Property
- Real Agreement Requirement
- Unjustified Enrichment
- Sale Of Land
- Pactum Commissorium