Youmessi Trading CC v Khaka Siphunzi (1057/2017)
Youmessi Trading CC v Khaka Siphunzi (1057/2017) [2021] ZAECELLC 1 (19 January 2021)
The plaintiff failed to prove the existence of a valid oral lease agreement with the defendant. There was no credible evidence of rental payments, occupation, or a proper handover of the premises. The sale of Hartwick Technical College was found to be invalid as the business did not exist as a going concern, was not registered or licensed, and no assets or licences were transferred. The plaintiff misrepresented the existence and legality of the business, and the defendant was fraudulently induced to pay R700,000 for a non-existent entity. The defendant is entitled to restitution of the purcha…
Source excerpt
- Sale Of Business
- Oral Lease Agreement
- Misrepresentation
- Restitution
- Invalid Contract
- Registration Of Educational Institution