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(at para 28) In the light of this explanation, which I find persuasive, I believe the time has come for this Court to express its unequivocal approval of the Wilken v Kohler rule.
It was argued further that given that the price of immovable property is a material term of a contract of sale in terms of section 6(1 e) of the Alienation of Land Act 68 of 1981,the sale agreement is voidas a result of the re-purchase.
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Repeated attempts by the Mottels to contact Skei after eight months were unsuccessful.Gaan huis op veiling?In Eastwood v Shepstone 1902 TS 294 at 302 it was stated that: (T)his Court has the power to treat as void and to refuse in anyway to recognise contracts and transactions which are against public policy or contrary to good morals.Keens Group (Pty) Ltd v Lötter 1989 (1) SA 585 (C Aetiology Today CC v Van Aswegen 1992 (1) SA 807 (W) at 810G; Dlovo v Brian Porter Motors Ltd 1994 (2) SA 518 (C) at 525AD; and Fourie v Hansen and another 2000 1 All SA 510 (W).Whether it is realising your dream wedding, paying off your childrens school fees or covering deposer brevet application mobile the unexpected funeral costs of a loved one, Nedbank understands your needs.Fraud by a third party does not permit a sale to be set aside unless the Hagans acted with Skei.However, the Bank has no objection to the transfer of the properties to the applicants provided that the bond currently registered in its favour is cancelled against payment of the full amount of R380 912.58 secured by such bond.



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Cloete JA concurred with Van Heerden JA in Menqa (supra) and stated at para 49: It is not necessary to consider the position at common law any further because to require Markom to pay Menqa the price paid by the latter for the property,.
If it conveys a false impression, that is enough.
The first, second, third and fourth respondents are directed jointly and severally, the one paying the other to be absolved, to pay the costs of the applicants and the fifth respondent on the scale between attorney and client.
The Hagans purchased the homes belonging to the Mottels and Aprils, with funds loaned from Standard Bank and absa to do so and with mortgage bonds then registered over both properties.You must be informed in writing of the reasons for the refusal of the grant application, as well as your right to request the decision to be reconsidered within 90 days of notification.They argued that the applicants were free to contract on any basis and were aware that they were selling their properties to the Hagans.Relief With regards to appropriate relief, I was referred by counsel for the Hagans to the case of Legator McKenna Inc and another v Shea 2010(1) SA 35 (SCA) in which the effect of invalidity of an agreement of sale in respect of immovable property.If Your Application For A Grant Is Unsuccessful.Material facts The material facts are as follows.Case no: 19749/12, in the matter between: willem mottel First Applicant, betta mottel Second Applicant, calvin april Third Applicant.The sale agreements with the Hagans were thereforesigned, even on Skeis version, on the basis of the underlying agreement recorded in the mandates signed later.Union and Rhodesia Wholesale Ltd ( in liquidation ) 1929 AD468 at that: If a man is induced to enter into a contract by a false representation, it is not sufficient answer for him to say: if you had used due diligence you would have.

The Aprils house was sold for R394 000.
On 19 February 2009 the Aprilssigned the same Rehabilitation of Financial Credibility Mandate that had been signed by the Mottels on Also on 19 February 2009, a lease agreement with the Hagans was signed by the Aprils in terms of which the lease period commenced.
Suppose, for example, anoral agreement of sale of fixed property a payment of the purchase price and due transfer of the land.


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