Amardien and Others v Registrar of Deeds and Others (5283/2016)
Amardien and Others v Registrar of Deeds and Others (5283/2016) [2017] ZAWCHC 14; [2017] 2 All SA 431 (WCC) (23 February 2017)
The court held that the applicants were in breach of their payment obligations under the contracts once the contracts were recorded, and the seller was entitled to cancel the contracts subject to statutory notice requirements. The fifth respondent provided evidence, supported by track and trace reports, that section 129 notices were sent by registered post to the applicants. The applicants' bare denial of receipt was insufficient to rebut the prima facie evidence of delivery, and they failed to adduce further evidence or indicate what oral evidence would be led to challenge delivery. The cour…
Source excerpt
- Alienation Of Land Act
- National Credit Act
- Delivery Of Statutory Notice
- Contract Cancellation
- Motion Proceedings
- Registered Post Service