Not so sterling

In Stirling v Fairgrove (Pty) Ltd and Others 2018 (2) SA 469 (GJ), the applicant’s immovable property had been sold and transferred, without her knowledge, to the third respondent, who shortly thereafter sold it on to the first respondent. It was not disputed that the first transaction was fraudulent and that both transfers fell to be set aside. The main issue was whether the second respondent, the Registrar of Deeds should be held liable for second purchaser’s damages. This based on the deeds office’s negligence in allowing registration of the first transfer when the deeds ought to have been rejected. 

Full judgment