Burger N.O v Nel and Others (1744/2024) [2024] ZANWHC 217 (28 August 2024)
Court
North West High Court, Mafikeng
Case number
1744/2024
Judge
FMM Reid
The High Court dismissed an application for leave to appeal against refusal of interim interdictory relief in a pre-emption dispute, awarding costs against the applicant.
The Constitutional Court held that section 27(1) of the Alienation of Land Act confers on a purchaser who has paid at least half the purchase price the right to demand transfer of the property, subject to registration of a mortgage bond for the balance. This right is enforceable by specific performance unless the purchaser is in breach of reciprocal obligations, in which case the seller may raise the exceptio non adimpleti contractus. Ms Botha was in arrears but made a tender to pay the outstanding amounts and municipal charges upon transfer. The Court found that denying transfer in these cir…