Dolce Domus CC v Herholdt and Another (742/2021)
Dolce Domus CC v Herholdt and Another (742/2021) [2022] ZAECPEHC 5 (24 February 2022)
The court found that the first respondent failed to prove that the sale agreement was validly cancelled. No clear or unequivocal notice of cancellation was delivered to the applicant, and the alleged cancellation by email was not substantiated by evidence. The applicant remedied any breach by providing a valid, irrevocable guarantee within the notice period after being notified of the defect. The first respondent's alternative defences, including repudiation and non-compliance with guarantee requirements, were rejected as the applicant was entitled to remedy and did so. Consequently, the appl…
Source excerpt
- Specific Performance
- Sale Of Immovable Property
- Contract Cancellation
- Mora
- Repudiation
- Remedy Of Transfer