Bondev Midrand (Pty) Ltd v Van Blerk and Others (909/2014)
Bondev Midrand (Pty) Ltd v Van Blerk and Others (909/2014) [2024] ZAGPPHC 704 (12 July 2024)
The court found that Bondev's right to claim retransfer of the property under condition B had prescribed on 26 December 2010, as it was a personal right constituting a debt under the Prescription Act, and no valid extension of the prescriptive period occurred. Consequently, Bondev could not enforce retransfer. However, Bondev established a claim for restitution based on enrichment, as it had paid the original purchase price and transfer expenses without legal ground. The court held that Bondev was entitled to payment of R390,000.00 from Van Blerk before cancellation of the title deed and rest…
Source excerpt
- Prescription Act
- Reversionary Conditions
- Enrichment Lien
- Deeds Registries Act
- Restitution
- Condonation