BACKTRACKING ON USE OF POWER OF ATTORNEY
De Villiers v Elspiek Boerdery (Pty) Ltd and Another (16138/2012) [2015] ZAWCHC 141 (9 October 2015)
X initially granted a special power of attorney in favour of A to execute a notarial cancellation of a right of pre-emption. When the latter transaction did not proceed, he subsequently used the same power of attorney to instruct A to execute and register a 99 year lease. Was this do-able?
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The Judgment
Summary of the Judgment
APPROVAL OF SDP CONSTITUTES DEVELOPMENT FINAL APPROVAL
Green Willows Properties v Rogalla Investment Company (20436/2014) [2015] ZASCA 133 (29 September 2015)
This judgment dealt with the question whether approval by a municipality of a Site Development Plan, a step in the overall development approval system, constituted final approval of the development as envisaged by parties in a sale agreement. The Court here answered in the affirmative, as far as procedure in the Western Cape is concerned, holding that such approval served as assurance that the proposed development would be permitted.
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The Judgment
Summary of the Judgment