- Flynote
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Sale – price – to be fixed by third party’s valuation – subject to limited exceptions and in the absence of agreement to the contrary or waiver by the parties, whenever parties agree to refer a matter to a valuer, then so long as the valuer arrives at his or her decision honestly and in good faith, the decision is final and binding on them and they are bound by it once communicated to them – valuer is then functus officio insofar as the valuation and matters pertaining thereto are concerned – valuer is then not permitted to unilaterally withdraw or cancel the valuation in order to alter or amend it – only a court has the power to interfere with the valuer’s decision in review proceedings - judicial ambit of the court’s power to interfere is severely circumscribed
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Cited documents 4
Judgment 3
- Lufuno Mphaphuli & Associates (Pty) Ltd v Andrews and Another (434/2006) [2007] ZASCA 143 (22 November 2007)
- Transnet National Ports Authority v Reit Investments (Pty) Ltd and Another (1159/2019) [2020] ZASCA 129 (13 October 2020)
- Wright v Wright and Another (494/2013) [2014] ZASCA 126 (22 September 2014)
Legislation 1
Documents citing this one 5
Judgment 5
- City of Ekurhuleni Metropolitan Municipality v Takubiza Trading & Projects CC and Others (846 of 2021) [2022] ZASCA 82 (3 June 2022)
- Lakes Forestry & Development CC v Cognad Properties CC (7689/2018) [2024] ZAWCHC 22 (16 February 2024)
- Mncwabe v President of Republic of South Africa and Others; Mathenjwa v President of Republic of South Africa and Others (CCT 102/22; CCT 120/22) [2023] ZACC 29 (24 August 2023)
- Technology Corporate Management (Pty) Ltd and Others v De Sousa and Others (613/2017) [2024] ZASCA 29 (26 March 2024)
- Vodacom (Pty) Ltd v Makate and Another (401/2022) [2024] ZASCA 14 (6 February 2024)