Basson and Another v Reddy and Others (11695/2017) [2018] ZAKZDHC 9 (30 April 2018)

Basson and Another v Reddy and Others (11695/2017) [2018] ZAKZDHC 9 (30 April 2018)

The court found that the respondents had substantially complied with the suspensive condition by securing a 90% mortgage bond and paying the 10% shortfall in cash to the conveyancing attorney within the stipulated period. The evidence, including the conveyancing attorney's affidavit and undisputed email correspondence, demonstrated that the total purchase price was secured within the required timeframe. The applicants' contention that only a 100% bond would suffice was not supported by the conduct of the parties or the correspondence, which indicated acceptance of the payment arrangement. The court applied the rule in Plascon-Evans, accepting the respondents' version where disputes of...

Citation
[2018] ZAKZDHC 9
Parties
Applicant: Chesslyne Basson; Applicant: Gayleen Basson; Respondent: Ramola Runaisha Reddy; Respondent: Kuben Naicker; Respondent: Provincial Commissioner for the South African Police Services
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
30 April 2018
Case Number
11695/2017
Procedural Posture
Urgent Application / Final Determination of Urgent Interim Relief and Counter Application
Outcome
Application dismissed; counter application granted. The sale agreement between the applicants and first respondent is declared valid and of full force and effect.
Judges
Chetty
Legal Topics
Alienation of Land Act, Suspensive Conditions, Non Variation Clause, Substantial Compliance, Urgent Interim Relief
Land and Property Civil Procedure Alienation of Land Act Suspensive Conditions Non Variation Clause Substantial Compliance Urgent Interim Relief

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Parties

Chesslyne Basson

Applicant

Gayleen Basson

Applicant

Ramola Runaisha Reddy

Respondent

Kuben Naicker

Respondent

Provincial Commissioner for the South African Police Services

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Interim Relief and Counter Application

Legal Issues

  1. 1 Whether the respondents breached the purchase and sale agreement by failing to secure a 100% mortgage bond within the stipulated period.
  2. 2 Whether substantial compliance with the suspensive condition occurred when the first respondent paid 10% in cash and secured a 90% bond.
  3. 3 Whether the applicants are entitled to market and sell the property to a third party.

Ratio Decidendi

The court found that the respondents had substantially complied with the suspensive condition by securing a 90% mortgage bond and paying the 10% shortfall in cash to the conveyancing attorney within the stipulated period. The evidence, including the conveyancing attorney's affidavit and undisputed email correspondence, demonstrated that the total purchase price was secured within the required timeframe. The applicants' contention that only a 100% bond would suffice was not supported by the conduct of the parties or the correspondence, which indicated acceptance of the payment arrangement. The court applied the rule in Plascon-Evans, accepting the respondents' version where disputes of...

Court Disposition

Application dismissed; counter application granted. The sale agreement between the applicants and first respondent is declared valid and of full force and effect.

Orders

  • The urgent application by the applicants is dismissed.
  • The agreement of sale concluded on 20 June 2016 between the applicants and the first respondent is declared valid and binding.