Red Dunes of Africa v Masingita Property Investment Holdings (159/2014) [2015] ZASCA 99

9th June 2015

Red Dunes of Africa v Masingita Property Investment Holdings (159/2014) [2015] ZASCA 99

Summary: Right to develop property ─ appellant relying on an agreement containing suspensive conditions ─ cannot be relied upon to found any rights where there is no averment that the suspensive conditions were fulfilled or waived ─ appellant also relying on resolution purporting to transfer a Permission to Occupy ─ no actual transfer ─ even if transfer took place, no right to develop founded ─ appeal dismissed.