Fulsome Properties (Pty) Ltd v Selepe and Others (14001/2021)  ZAGPPHC 196 (6 April 2021)
It occurs more often than one would imagine that a property is sold by its owner to more than one person during the same period of time. If the purchasers are both in good faith, it causes great difficulty to find a fair way out of the conundrum. In the present matter, the later purchase was one in installments, and the agreement was recorded against the title deed of the land, a requirement for installment sale agreements of immovable property. How does that impact the rights of the first purchaser, who had in the meantime put tenants in the property after concluding the (first) sale agreement, which was not an installment sale agreement?