Part of the dispute in this judgment related to a suspensive condition in a sale agreement requiring the procurement of approved plans for the buildings on the land sold. The wording was silent on whether the seller or buyer was responsible to attend hereto. Obtaining plan approval proved to be illusive, leading to the seller arguing that the agreement had lapsed due to non-fulfillment of the condition. The court however referred to the laws relating to plan approval and held that as this power lies only with the owner or his appointed agent, the obligation rested on the seller’s shoulders by default.
Please do read the case in toto.
Regards,
Allen West
TONKIN CLACEY PRETORIA
012 346 1278
