BUYER’S RISKS ON TARDY COMPLIANCE WITH SALE PROVISIONS
Macakati v Larry and Others (6776/2016) [2016] ZAWCHC 73 (15 June 2016)
In this matter the property purchaser was late in making payment of costs and the balance purchase price and, even after demand to pay within seven days – failing which the agreement would be cancelled, he only made the payment a few days after the stipulated period. Thereafter, without however sending a formal letter of cancellation, the seller sold the property to a third party. Would the purchaser’s claim for transfer succeed in the circumstances?
The Judgment
Summary of the Judgment
USE AND ENJOYMENT OF PREMISES THREATENED: TENANT WALKS OFF
Herr v Innomet (Pty) Ltd Limited (394/2015) [2016] ZASCA 82 (31 May 2016)
With large scale renovation looming for a Clifton sectional title unit, would the tenant in the unit just above have grounds to terminate the lease because his use and enjoyment of the unit for the remainder of the lease period was disrupted? This is the scenario that was presented to the Supreme Court of Appeal for adjudication in this matter. The judgment is an interesting read and illustrates the duties of a landlord in such cases.
