Raleeha v. Bee Bee – sllr 2004 volume 1 page 195

In the case between Raleeha (plaintiff-respondent) and Bee Bee (defendant-appellant), the court addressed whether the principles of laesio enormis apply to conditional transfers and the extent of the right of election under such circumstances. It was held that the right of election should not be denied at this stage, and the plaintiff-respondent retains the option to either pay the difference in value or cancel the deed and recover the consideration. The principle reaffirmed is that conditional transfers do not constitute an absolute sale, and thus the valuation and appropriate remedies are ascertainable according to prevailing legal standards. Reliance was placed on valuation evidence and established case law, clarifying the scope of laesio enormis in relation to conditional transfers and

REF: sllr 2004 volume 1 page 195 Category: Tag:
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