Zwane V Mabuza (76 of 2022) [2023] SZSC 26 (31 July 2023)


Civil appeal - Lease with an option to purchase the property forming the subject of the lease concluded between the parties herein - Appellant pwports to exercise the option to purchase which is disputed by Lessor who contends the lease contemplated a right of preemption as opposed to an option to purchase - The clause contained in the lease agreement talks of a 'an exclusive and sole option to purchase and preemptive right' being granted to the Lessee in the same sentence - The property comprising the subject of the option to purchase is defined as consisting of two properties, one of which it is common cause, had not been developed at the time.

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