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Le Roux v Brits (4070/2015) [2015] ZAWCHC 133

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Le Roux v Brits (4070/2015) [2015] ZAWCHC 133

23rd September 2015

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[1] On 30 December 2007 the plaintiff as seller and the first defendant as purchaser concluded a written deed of sale (‘Aanbod om te koop en Koopkontrak’) in respect of the farm ‘Oude Zanddrift Nr 446’ in extent 146,6115 ha, situated in the division of Uniondale, Western Cape Province. For the sake of convenience I will refer to the parties as per the main action. It is common cause that pursuant to the conclusion of the written deed of sale, the farm was as a whole transferred into the name of the first defendant on 17 July 2008. Plaintiff issued summons against the defendants on 6 March 2015. In the particulars of claim in respect of the main claim, the plaintiff avers that the deed of sale does not reflect the intention of the parties in that the immovable property is incorrectly described in the written deed of sale as being the whole of the farm Oude Zanddrift Nr 446, instead of only part of the farm as pointed out to the first defendant prior to the deed of sale being signed. Plaintiff avers further that the incorrect description of the part of the farm occurred due to a reasonable, common mistake on the part of the plaintiff and the first defendant and that they signed the deed of sale in the bona fide but mistaken belief that it contained the correct agreement between them.

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