Booi and Another v Mabusela and Others (2219/2020) [2020] ZAECGHC 149 (1 December 2020)

Booi and Another v Mabusela and Others (2219/2020) [2020] ZAECGHC 149 (1 December 2020)

The court found that the applicants made an offer to purchase the property for R515,000.00, which the respondents accepted by signing the agreement on 22 August 2020. The respondents' argument that the applicants failed to initial the amended purchase price was rejected, as the applicants had already signed and offered the price, and the respondents' signature constituted acceptance. The agreement thus complied with the statutory formalities of section 2(1) of the Alienation of Land Act, 1981. The respondents' subsequent repudiation and attempt to sell to a third party amounted to breach of contract. The applicants established their entitlement to specific performance and costs. The court...

Citation
[2020] ZAECGHC 149
Parties
Applicant: Bulelani Booi; Applicant: Zanda Booi; Respondent: Mfundo Mabusela; Respondent: Thandeka Judith Mabusela; Respondent: Amathuse Famile Trust; Respondent: Registrar of Deeds, King Williamstown; Respondent: Cumberledge Attorneys
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
1 December 2020
Case Number
2219/2020
Procedural Posture
Urgent Application / Final Determination After Opposed Motion Proceedings
Outcome
Application granted. The rule nisi is confirmed. Respondents are ordered to take all steps necessary for transfer and to pay costs.
Judges
B Maswazi
Legal Topics
Alienation of Land Act, Specific Performance, Contractual Formalities, Breach of Contract, Motion Proceedings, Statutory Interpretation
Land and Property Civil Procedure Commercial and Corporate Alienation of Land Act Specific Performance Contractual Formalities Breach of Contract Motion Proceedings +1 more

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Parties

Bulelani Booi

Applicant

Zanda Booi

Applicant

Mfundo Mabusela

Respondent

Thandeka Judith Mabusela

Respondent

Amathuse Famile Trust

Respondent

Registrar of Deeds, King Williamstown

Respondent

Cumberledge Attorneys

Respondent

Procedural Posture

Urgent Application / Final Determination After Opposed Motion Proceedings

Legal Issues

  1. 1 Whether a valid and enforceable contract of sale for immovable property existed between the applicants and the third respondent.
  2. 2 Whether the agreement complied with the statutory formalities required by section 2(1) of the Alienation of Land Act, 1981.
  3. 3 Whether the respondents breached the agreement by refusing to proceed with transfer after accepting the applicants' offer.

Ratio Decidendi

The court found that the applicants made an offer to purchase the property for R515,000.00, which the respondents accepted by signing the agreement on 22 August 2020. The respondents' argument that the applicants failed to initial the amended purchase price was rejected, as the applicants had already signed and offered the price, and the respondents' signature constituted acceptance. The agreement thus complied with the statutory formalities of section 2(1) of the Alienation of Land Act, 1981. The respondents' subsequent repudiation and attempt to sell to a third party amounted to breach of contract. The applicants established their entitlement to specific performance and costs. The court...

Court Disposition

Application granted. The rule nisi is confirmed. Respondents are ordered to take all steps necessary for transfer and to pay costs.

Orders

  • The rule nisi issued on 27 October 2020 is confirmed.
  • First and Second Respondents, as trustees of the Amathusi Trust, are ordered to take all steps necessary to effect transfer of the property to the applicants.