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AI summary
The High Court in Western Cape Division, Cape Town dismissed an application about a deed of sale for property in Hout Bay. The judgment records that the court found the deed valid ab initio, rejected the applicant’s version about the agreed purchase price, and found the claim for specific performance had prescribed.
This may be relevant to property sale disputes, deed interpretation, and prescription issues.
Evidence from source
ORDER 1. The application is dismissed. 2. The Applicant is ordered to pay the costs of the application including the costs of counsel on Scale B.
Supports: The outcome and costs order in the judgment.
This Court therefore finds that the Applicant’s claim for specific performance has been extinguished by prescription as the claim for specific performance was made outside the period of three years as stipulated in the Prescription Act 68 o
Supports: The court’s finding on prescription.