Nano and Another v Mosima and Others (53521/15)
Nano and Another v Mosima and Others (53521/15) [2017] ZAGPPHC 163 (8 February 2017)
The court found that both the Deed of Sale and the Memorandum of Agreement were void ab initio due to statutory prohibitions under the Agricultural Holdings (Transvaal) Registration Act and non-compliance with section 2(1) of the Alienation of Land Act. The agreements failed to meet statutory formalities, including proper identification of parties and a clear description of the property. As a result, the contracts were unenforceable and conferred no rights of action. The applicants, having performed under the void agreements, were entitled to recover the net difference between their payments…
Source excerpt
- Alienation Of Land Act
- Statutory Prohibition
- Void Contract
- Recovery Of Payments
- Illegal Eviction