Absa Bank Limited v Jansen Van Rensburg and Others (41263/11) [2014] ZAGPPHC 241; 2015 (5) SA 521 (GJ) (11 April 2014)

Absa Bank Limited v Jansen Van Rensburg and Others (41263/11) [2014] ZAGPPHC 241; 2015 (5) SA 521 (GJ) (11 April 2014)

The applicant, by appointing its attorneys to bid at the auction, represented to third parties that its agent had authority to bid, regardless of any private limitation. The Sheriff and other parties were entitled to rely on this ostensible authority. The applicant cannot rely on the clerk's unilateral mistake to escape liability, as the mistake was not reasonable and was due to the applicant's own fault. The court found no basis to set aside the sale in execution and dismissed the application, ordering the applicant to pay its own costs and those of the amici curiae.

Citation
[2014] ZAGPPHC 241
Parties
Applicant: Absa Bank Limited; Respondent: Jan Harm Jansen Van Rensburg; Respondent: Aletta Catharina Jansen Van Rensburg; Respondent: The Sheriff of the High Court, Wonderboom
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 April 2014
Case Number
41263/11
Procedural Posture
Civil Application / Application to Set Aside Sale in Execution
Outcome
Application dismissed. Applicant ordered to pay its own costs and those of the amici curiae.
Judges
Ebersohn
Legal Topics
Sale in Execution, Ostensible Authority, Unilateral Mistake, Mandate of Agent
Civil Procedure Land and Property Sale in Execution Ostensible Authority Unilateral Mistake Mandate of Agent

Case Brief

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Parties

Absa Bank Limited

Applicant

Jan Harm Jansen Van Rensburg

Respondent

Aletta Catharina Jansen Van Rensburg

Respondent

The Sheriff of the High Court, Wonderboom

Respondent

Procedural Posture

Civil Application / Application to Set Aside Sale in Execution

Legal Issues

  1. 1 Whether the applicant can rely on the lack of authority of its agent to set aside the sale in execution.
  2. 2 Whether a unilateral mistake by the agent is a valid ground to vitiate the sale agreement.
  3. 3 Whether the court is entitled to cancel the sale on the grounds advanced by the applicant.

Ratio Decidendi

The applicant, by appointing its attorneys to bid at the auction, represented to third parties that its agent had authority to bid, regardless of any private limitation. The Sheriff and other parties were entitled to rely on this ostensible authority. The applicant cannot rely on the clerk's unilateral mistake to escape liability, as the mistake was not reasonable and was due to the applicant's own fault. The court found no basis to set aside the sale in execution and dismissed the application, ordering the applicant to pay its own costs and those of the amici curiae.

Court Disposition

Application dismissed. Applicant ordered to pay its own costs and those of the amici curiae.

Orders

  • The application is dismissed.
  • The applicant must pay its own costs and also those of the amici curiae.