A recent case revealed that a legal document shared over a Whatsapp video fulfilled the necessary procedure to make it valid.the court had to decide whether there was substantial compliance with the requirements for the commissioning of a founding affidavit that needed to be signed in the presence of a commissioner of oath.
Regulation 3 of the Regulations Governing the Administering of an Oath or Affirmation requires that a deponent sign the declaration in the presence of a commissioner of oaths, said Kader.if there was substantial compliance with the formalities in such a way as to give effect to the purpose of obtaining a deponent’s signature to an affidavit.
The respondents contested on the basis of a right of retention in favour of the second respondent. This was due to an alleged unjust enrichment of the applicants by the cost occasioned to the second respondent of effecting improvements to the property and of the alleged increase in value of the property as a result of the improvements, said Kader.
The second respondent attempted to avoid that requirement by claiming that the relevant contractual term did not extend to him as a non-party to the agreement of sale, said Kader. He also relied on the oral consent that he alleged the trustees had given him for the improvements.