Anbil Building Projects (Pty) Ltd v Bruyncon Consulting and Construction (Pty) Ltd (2434 / 2022)
Anbil Building Projects (Pty) Ltd v Bruyncon Consulting and Construction (Pty) Ltd (2434 / 2022) [2023] ZANCHC 75 (3 November 2023)
The court found that the second agreement between the parties was not a sale of immovable property but an agreement to reserve an erf and set off lease fees against the purchase price. As such, it did not require compliance with section 2(1) of the Alienation of Land Act. The respondent established, on a balance of probabilities, that the second agreement had not lapsed and that the parties had not reverted to the first agreement's payment terms. The respondent raised a genuine and bona fide dispute on reasonable and substantial grounds regarding the debt's existence and enforceability. Conse…
Source excerpt
- Provisional Liquidation
- Bona Fide Dispute
- Alienation Of Land Act
- Verbal Agreements
- Creditor Standing