High Court of South Africa Eastern Cape, Mthatha - 2013 October

1 judgment
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1 judgment
Citation
Judgment date
October 2013
Reported
A sale by a co‑owner can be contractually valid though transfer requires co‑owner cooperation; cancellation without contractual notice is invalid.
Property law; sale of res aliena – seller not sole owner; Alienation of Land Act s2(1) – formalities concern agents’ written authority not substantive ownership; Matrimonial Property Act s15(2) applies during marriage not post‑divorce; co‑ownership after divorce requires co‑operation for transfer; prior personal right gives claim to specific performance but equitable discretion and bona fide subsequent purchasers affect relief.
10 October 2013