One
more issue remains for determination; whether or not the applicants should
have, instead, proceeded in terms of section 11 of the Deeds Registries Act
[Chapter 20:05] and had the property registered in the names of the first
applicant and the second applicant in sequence.
This
submission deserves a short answer.
The intent behind a stipulatio alteri ...
One
more issue remains for determination; whether or not the applicants should
have, instead, proceeded in terms of section 11 of the Deeds Registries Act
[Chapter 20:05] and had the property registered in the names of the first
applicant and the second applicant in sequence.
This
submission deserves a short answer.
The intent behind a stipulatio alteri is that
the contract is made for the benefit of a third party. There are only two
parties to the contract, and the party acting on behalf of the third party only
comes into the picture if the promissee fails to accept the benefit under the
stipulatio alteri. In the circumstances, therefore, section 11 of the Deeds
Registries Act [Chapter 20:05] would not be applicable.
