REAL ESTATE JUDGMENTS

JUST A LESSON IN MANAGEMENT: IF YOU WANT IT, MAKE IT HAPPEN – 14 April 2022

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…

NOT KNOWING AND PRESCRIPTION – 5 April 2022

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…