Arlow v Adlem and Another (523/2010) [2011] ZANWHC 65 (20 October 2011)

Arlow v Adlem and Another (523/2010) [2011] ZANWHC 65 (20 October 2011)

The court found that the interpretation of 'portion of agricultural land' in section 3(d) of the Subdivision of Agricultural Land Act 70 of 1970 could reasonably be interpreted differently by another court. Therefore, leave to appeal was granted. The Rule 49(11) application for immediate execution was dismissed because the facts relied upon by the plaintiff were disputed and could only be resolved through oral evidence, making it inappropriate to grant immediate execution pending the outcome of the appeal. Costs were ordered to be costs in the appeal, and the Rule 49(11) application was dismissed with costs.

Citation
[2011] ZANWHC 65
Parties
Plaintiff: Nestor Algemus Arlow; Defendant: Eugene Adlem; Respondent: Joseph Adlem
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 October 2011
Case Number
523/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Rule 49(11) Application
Outcome
Leave to appeal to the Supreme Court of Appeal is granted. The Rule 49(11) application for immediate execution is dismissed with costs.
Judges
M M Leeuw
Legal Topics
Subdivision of Agricultural Land Act, Lease Agreement Validity, Eviction, Rule 49 11 Application
Land and Property Civil Procedure Subdivision of Agricultural Land Act Lease Agreement Validity Eviction Rule 49 11 Application

Case Brief

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Parties

Nestor Algemus Arlow

Plaintiff

Eugene Adlem

Defendant

Joseph Adlem

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Rule 49(11) Application

Legal Issues

  1. 1 Whether the lease agreement for Portions 3 and 6 of Farm Koppieskraal No 73 is null and void under the Subdivision of Agricultural Land Act 70 of 1970.
  2. 2 Whether section 3(d) of the Act prohibits the lease agreement entered into between the plaintiff and defendants.
  3. 3 Whether the plaintiff is entitled to repossession of the land.

Ratio Decidendi

The court found that the interpretation of 'portion of agricultural land' in section 3(d) of the Subdivision of Agricultural Land Act 70 of 1970 could reasonably be interpreted differently by another court. Therefore, leave to appeal was granted. The Rule 49(11) application for immediate execution was dismissed because the facts relied upon by the plaintiff were disputed and could only be resolved through oral evidence, making it inappropriate to grant immediate execution pending the outcome of the appeal. Costs were ordered to be costs in the appeal, and the Rule 49(11) application was dismissed with costs.

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted. The Rule 49(11) application for immediate execution is dismissed with costs.

Orders

  • Leave to appeal to the Supreme Court of Appeal is granted.
  • Costs will be costs in the appeal.