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South Africa Case Law

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Land And Property [2014] ZAGPPHC 265

Risseeuw N.O. v Alanza Boerdery (Edms) Bpk (36448/13)

Risseeuw N.O. v Alanza Boerdery (Edms) Bpk (36448/13) [2014] ZAGPPHC 265 (20 March 2014)

Court
North Gauteng High Court, Pretoria
Case number
36448/13
Judge
Tuchten

The court held that, in accordance with Van der Westhuizen v Van Sandwyk, all trustees must be joined as parties to enforce a right belonging to the trust. The plaintiff, acting alone, lacked locus standi. The option to purchase, while not itself a deed of alienation, must result in a sale agreement that complies with the Alienation of Land Act. The plaintiff failed to plead that he acted on the written authority of his co-trustees when exercising the option, which is a material fact required to sustain the cause of action. The court distinguished between facta probanda (material facts) and f…

Source excerpt

  • Trustee Locus Standi
  • Option To Purchase
  • Pleading Requirements
  • Facta Probanda Vs Facta Probantia
  • Sale Of Land
  • Statute Of Frauds
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Land And Property [2008] ZASCA 24

Fraser and Another v Viljoen (621/06)

Fraser and Another v Viljoen (621/06) [2008] ZASCA 24; 2008 (4) SA 106 (SCA); [2008] 3 All SA 233 (SCA) (27 March 2008)

Court
Supreme Court of Appeal
Case number
621/06
Judges
Scott, Cameron, Mthiyane, Combrinck, Cachalia

The Supreme Court of Appeal held that the contract for the sale of immovable property was void for non-compliance with section 2(1) of the Alienation of Land Act. The document delivered to the appellants by the respondent did not contain the names of the purchasers or a description of the property, both of which are material terms. The court rejected the argument that one contracting party may authorise the other to insert such terms after signature, as this would undermine the certainty and purpose of the statute. The object of the legislation is to prevent disputes, fraud, and uncertainty b…

Source excerpt

  • Alienation Of Land Act
  • Formalities Of Sale Of Land
  • Written Contracts
  • Statute Of Frauds
  • Specific Performance
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.