NOT KNOWING AND PRESCRIPTION
Brits v Kommandantsdrift CC and Others (143/2021) [2022] ZASCA 41 (5 April 2022)
The judgment tells a story of the on-sale of a farm that was subdivided and consolidated over years, so that later on both purchasers and sellers had the same misapprehension as to what was really the farm that was sold. This is something that can happen easily, especially in the sale of farms where the boundaries are less obvious than in residential properties. The judgment highlights how to go about rectifying a title deed in these circumstances, if you believe and can show what actually was bought and sold.
The Judgment
Summary of the Judgment
JUST A LESSON IN MANAGEMENT: IF YOU WANT IT, MAKE IT HAPPEN
Naicker N.O. and Others v Park Village Auctions & Property Sales (Pty) Limited and Others (2021/25152) [2022] ZAGPJHC 190 (30 March 2022)
The judgment paints a story of sour grapes after an opportunity was missed. The applicant-Trust wanted its higher offer for a property sold at an auction to be considered, after the highest bid at the auction (which the Trust did not attend) went to a third party purchaser, albeit at a lower price. The Trust hoped to succeed in making a later and higher offer, but the auction purchaser met the auction conditions and succeeded as purchaser of the property. The Trust simply lost an opportunity.
