Lombaard v Droprop CC and Others (377/09) [2010] ZASCA 86

31st May 2010

Whether the description of the immovable property was sufficient and adequate in terms of S 2(1) of the Alienation of Land Act 68 of 1981 ─ Practice ─ whether this court can exercise its discretion to refer the question of a dispute of fact back for the hearing of evidence when such point was not canvassed or considered by the court a quo, nor was it raised by the legal representatives.