Makepeace v San Lameer Villa 3212 CC and Others (52533/2020)  ZAGPJHC 23 (5 March 2021)
It is in the nature of a marriage relationship that the spouses’ affairs become intertwined to some extent. Here, the husband successfully bought a property at an auction but later, when the bond approval was negotiated by his wife and granted to her in principle, the question arose who was the purchaser. The law has strict rules when it comes to transactions relating to land, including that there must be certainty about who the contracting parties are. In this instance, the lack of certainty resulted in the demise of the sale agreement.