South Africa Case Law

Bondev Midrand (Pty) Limited v Puling and Another, Bondev Midrand (Pty) Limited v Ramokgopa (802/2016, 803/2016)

Bondev Midrand (Pty) Limited v Puling and Another, Bondev Midrand (Pty) Limited v Ramokgopa (802/2016, 803/2016) [2017] ZASCA 141; 2017 (6) SA 373 (SCA) (2 October 2017)

Court

Supreme Court of Appeal

Case number

802/2016, 803/2016

Judges

Leach, Tshiqi, Seriti, Tsoka, Ploos van Amstel

The Supreme Court of Appeal held that the condition registered against the title deed comprised two clauses: the first, obliging the transferee and successors to build within a prescribed period, created a real right and restriction on ownership. The second, entitling the developer to claim re-transfer against repayment of the purchase price, was a personal right akin to an option to purchase, enforceable only by the developer and not binding on third parties. The two clauses were not inseparably bound as a composite restriction on ownership. Consequently, the right to claim re-transfer const…

Source excerpt

• Prescription Act
• Real Vs Personal Rights
• Title Deed Conditions
• Option To Purchase
• Retransfer Of Property

Bondev Midrand (Pty) Ltd v Phalanndwa and Others (47615/2014)

Bondev Midrand (Pty) Ltd v Phalanndwa and Others (47615/2014) [2016] ZAGPPHC 956 (2 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

47615/2014

Judge

N Janse Van Nieuwenhuizen

The High Court dismissed Bondev Midrand’s application to compel re-transfer of property, finding the applicant’s own documents supported an unlimited building-period extension.

• Title Deed Conditions
• Specific Performance
• Building Period Extension
• Retransfer Of Property
• Building-period-extension
• Title-deed-conditions

Bondev Midrand (Pty) Ltd v Ndlovu and Others (47619/2014)

Bondev Midrand (Pty) Ltd v Ndlovu and Others (47619/2014) [2016] ZAGPPHC 137 (7 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

47619/2014

Judge

K La M Manamela

The court ordered retransfer of a property after purchasers failed to comply with a building-period condition and dismissed their counterapplication.

• Retransfer Of Property
• Lex Commissoria
• Breach Of Contract
• Building Period Condition
• Waiver Of Rights
• Impossibility Of Performance

Bondev Midrand (Pty) Limited v Ramokgopa and Others (72637/2013)

Bondev Midrand (Pty) Limited v Ramokgopa and Others (72637/2013) [2015] ZAGPPHC 1136 (27 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

72637/2013

Judge

M Akhubele

The court held that a claim to retransfer land after breach of a title condition is a debt under the Prescription Act and had prescribed.

• Prescription Act
• Restrictive Title Conditions
• Retransfer Of Property
• Personal Vs Real Rights
• Deeds Registries Act
• Prescription-act