White v Collins [1914] ZAWLD 11 (15 May 1914)

Reported
Flynote

Land.-Proclamation 8 of 1902, sec. 30.-Promise· to hold land in trust.-Absence of contract in writing.-lnterdict.

Case summary

A promise by A to hold freehold property, registered in her name, in trust for B, is a contract to deliver such property to B on demand. Such contract is not a contract of sale of fixed property in terms of sec. 30 of Proclamation 8 of 1902, and i~ not void therefore for want of the contract being in writing. Where A threatened to sell such property, B was held entitled to an interdict, pending action, restraining her from doing so.


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