SCA 34251014/2013

The dispute involved the sale of land, which it had been discovered after the purchase was the subject of a boundary dispute. The purchaser claimed the contract had a termination clause in the case of any dispute being discovered. The seller claimed he had made the purchaser aware there was no deed for the land. The court ruled the seller had to honour their contract.

Background

A buyer bought land and signed a contract with the seller stipulating that they would hand over the land to the buyer without any outstanding issues or disputes. The buyer claimed that when he received the land he had discovered there were outstanding issues because he had attempted to fence it and was confronted by the owners of the neighbouring lands who informed him that there were disputes over the land. The buyer, therefore, decided to file a case (Case Number 3358940 Folder Number: 3435647 on 24/12/2012) requesting the court to enact the termination clause in the contract which stipulated that the sale became invalid if there were any issues or disputes over the land and that the seller should refund all the money.