CS Oosthuizen Boerdery CC v Radiant Hour Ministry International (NPC) (4261/2023)
CS Oosthuizen Boerdery CC v Radiant Hour Ministry International (NPC) (4261/2023) [2023] ZAFSHC 464 (30 November 2023)
The respondent failed to honour the payment terms of the written sale agreement, which contained an entrenched formalities clause prohibiting improvements without prior written consent. The respondent's reliance on mediation under Uniform Rule 41A and the alternative dispute resolution clause was misplaced, as the applicant opposed mediation and the clause was inapplicable. The defence of a verbal amendment to the payment terms was unsupported and legally barred by established authority. The respondent's claim to an improvement/enrichment lien was rejected because the improvements were made w…
Source excerpt
- Eviction
- Improvement Lien
- Contractual Formalities
- Alternative Dispute Resolution
- Verbal Amendment
- Costs Order