Amcoal Colliers Ltd. v Truter (128/88) [1989] ZASCA 99; [1990] 1 All SA 248 (A) (7 September 1989)

Amcoal Colliers Ltd. v Truter (128/88) [1989] ZASCA 99; [1990] 1 All SA 248 (A) (7 September 1989)

The court held that clause 15 of the contract authorized service of notices at the address chosen by the respondent, and that delivery of the notice exercising the option under the front door of the farmhouse at Vandyksput constituted valid service. The meaning of 'bediening' in the contract was interpreted as delivery, not personal service, and the respondent's absence at the time of delivery did not affect the validity of service. The address was sufficiently identified as the respondent's residence, and the notice delivered was of the kind contemplated by the contract. The delivery of the notice before the expiry of the option period was effective, and the option was validly exercised...

Citation
[1989] ZASCA 99
Parties
Appellant: Amcoal Collieries Limited; Respondent: John Edmund Truter
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
7 September 1989
Case Number
128/88
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application for Declaratory Order and Specific Performance
Outcome
Appeal upheld; order of the court a quo set aside; declaratory and specific performance orders granted in favour of Amcoal.
Judges
Joubert, Milne, Eksteen, F H Grosskopf, Nicholas
Legal Topics
Option to Purchase, Service of Notice, Contractual Interpretation, Domicilium Citandi, Specific Performance
Land and Property Commercial and Corporate Option to Purchase Service of Notice Contractual Interpretation Domicilium Citandi Specific Performance

Case Brief

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Parties

Amcoal Collieries Limited

Appellant

John Edmund Truter

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application for Declaratory Order and Specific Performance

Legal Issues

  1. 1 Whether the option to purchase coal rights was validly exercised by delivery of notice at the chosen address.
  2. 2 Whether delivery of the notice under the door at the respondent's chosen address constituted effective service under the contract.
  3. 3 Whether the respondent's absence from the property at the time of delivery affected the validity of service.

Ratio Decidendi

The court held that clause 15 of the contract authorized service of notices at the address chosen by the respondent, and that delivery of the notice exercising the option under the front door of the farmhouse at Vandyksput constituted valid service. The meaning of 'bediening' in the contract was interpreted as delivery, not personal service, and the respondent's absence at the time of delivery did not affect the validity of service. The address was sufficiently identified as the respondent's residence, and the notice delivered was of the kind contemplated by the contract. The delivery of the notice before the expiry of the option period was effective, and the option was validly exercised...

Court Disposition

Appeal upheld; order of the court a quo set aside; declaratory and specific performance orders granted in favour of Amcoal.

Orders

  • It is declared that the option contained in the prospecting and mineral contract concluded on 10 July 1984 between the respondent and Anglo American Prospecting Services (Pty) Limited and ceded to the applicant, in terms of which the applicant acquired the right to purchase the rights to coal as defined in clause 2...
  • The respondent is directed forthwith to do all that is necessary to enable the rights to coal in respect of Portion 5 of the farm Prinshof 2 I.S. district of Witbank (including all base minerals as defined in the Mining Rights Act No 20 of 1967 which are either adjacent to the coal seams or which occur independently...