Just Names Properties 11 CC and Another v Fourie and Others

The appellants sought to enforce a written agreement for the sale of immovable property owned by the first and second respondents (the Fouries). An offer to purchase was signed by the second appellant and presented to the Fouries. The Fouries objected to a clause requiring payment of occupational rent and, after discussions via an estate agent, signed and initialled the document while the contentious page was still blank. They also initialled blank pages on the assurance that the clause would be amended. The amended page was later inserted and delivered to them without further signature. When the transaction stalled and the promised purchase price was not forthcoming, the Fouries sold the property to a third party. The appellants then sought to set aside the subsequent transfer and bond, relying on the first agreement.

The appeal was dismissed with costs. The alleged sale agreement was declared void and of no force and effect for non-compliance with section 2(1) of the Alienation of Land Act.

The case confirms the strict formal requirements for the sale of immovable property under the Alienation of Land Act and clarifies that signing a document in blank, later completed, does not satisfy section 2(1). It reinforces the distinction between permissible completion before delivery by the signatory and impermissible completion after signature by another, thereby promoting certainty in land transactions.