against either party for breach of contract. But if the suspensive condition was fulfilled, then the contract came into existence but for the failure to lodge and register it timeously. Neither party has any enforceable rights. (See Africast (Pty) Ltd v. Pangbourne Properties Ltd [2014] 3 All SA 653 (SCA) [37] and [41] the sale of immovable property and its In casu, transfer are separate juristic acts with different requirements for their validity the acquisition of official permission (consent) and registration – in respect of the sale and execution a deed of transfer and its registration in respect of transfer of the property. (See Sharrock Business Transactions Law 8th Edition (Juta) p.282) Once official permission is granted, both the agreement to sell and a deed of transfer must be lodged for registration within three months. If not, they become null and void and of no force and effect. [25] The proper court to approach for judicial assistance for extension of the period for lodgment and registration would the High Court and not this Court. (See Sections 16 (5) and 54 of the Deeds Registry Act, 1967) [26] In the result, this Court does not have jurisdiction and the application must be and is dismissed with costs.
against either party for breach of contract. But if the suspensive condition was fulfilled, then the contract came into existence but for the failure to lodge and register it timeously. Neither party has any enforceable rights. (See Africast (Pty) Ltd v. Pangbourne Properties Ltd [2014] 3 All SA 653 (SCA) [37] and [41] In casu, the sale of immovable property and its transfer are separate juristic acts with different requirements for their validity – the acquisition of official permission (consent) and registration in respect of the sale and execution a deed of transfer and its registration in respect of transfer of the property. (See Sharrock Business Transactions Law 8th Edition (Juta) p.282) Once official permission is granted, both the agreement to sell and a deed of transfer must be lodged for registration within three months. If not, they become null and void and of no force and effect. [25] The proper court to approach for judicial assistance for extension of the period for lodgment and registration would the High Court and not this Court. (See Sections 16 (5) and 54 of the Deeds Registry Act, 1967) [26] In the result, this Court does not have jurisdiction and the application must be and is dismissed with costs.