Ghani v. Nadaraja – sllr 1997 volume 2 page 337

In the case between the plaintiff-appellant, who acquired land through a series of transactions (including a mortgage bond and subsequent sales documents), and the defendant-respondent, who derived rights via later assignments, the court addressed whether an agreement (P2), being a pactum commissorium under Roman Dutch Law, was legally enforceable. It was determined that P2 was illegal and void, while the mortgage bond (P3) retained its validity. The grouping of the sale documents did not deprive the plaintiff-appellant of title, given the continuing validity of the mortgage bond. Consequently, any subsequent conveyances were classified as assignments of the mortgagee’s rights, not transfers of title. The appeal was allowed, the district court’s judgment was set aside, and the plaintiff-ap