Faber v Nazerian (2012/42735)
Faber v Nazerian (2012/42735) [2013] ZAGPJHC 65 (15 April 2013)
The Court found that the applicant failed to discharge the onus of proving that the respondent breached the written usufruct agreement. The evidence presented did not establish that the property was not maintained as required, nor did it show that repainting was necessary for maintenance rather than a luxury. The applicant's reliance on new material in the replying affidavit was rejected, as it related to facts she ought to have known and should have included in her founding affidavit. The respondent's denial of any oral undertaking was accepted, and the applicant did not provide sufficient e…
Source excerpt
- Usufruct Agreement
- Specific Performance
- Maintenance Obligation
- Motion Proceedings
- Conflicting Affidavits