Breedt v Breedt and Others (61930/2012) [2017] ZAGPPHC 958 (21 April 2017)

Breedt v Breedt and Others (61930/2012) [2017] ZAGPPHC 958 (21 April 2017)

The court found that the intention of the parties, as reflected in the court order of 10 September 2013, was to ensure the sale of the property, not to guarantee a specific price. The sheriff was authorised to continue the auction process until the property was sold, and the order did not require the property to be sold only at the market value of R1 400 000. The applicant's interpretation was rejected, as the factual background demonstrated that the property could not be sold at the agreed price despite various attempts. The court held that granting leave to appeal would cause injustice to the first respondent, who had been prejudiced by the applicant's continued occupation of the...

Citation
[2017] ZAGPPHC 958
Parties
Applicant: Martin Breedt; Respondent: Melani Breedt; Respondent: Sheriff Centurion West; Respondent: The Registrar of Deeds; Respondent: All For Appliance Services (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 April 2017
Case Number
61930/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
E.M. Kubushi
Legal Topics
Interpretation of Court Orders, Sale in Execution, Leave to Appeal, Divorce Settlement, Auction Procedure
Civil Procedure Land and Property Interpretation of Court Orders Sale in Execution Leave to Appeal Divorce Settlement Auction Procedure

Case Brief

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Parties

Martin Breedt

Applicant

Melani Breedt

Respondent

Sheriff Centurion West

Respondent

The Registrar of Deeds

Respondent

All For Appliance Services (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application

Legal Issues

  1. 1 Whether the court order of 10 September 2013 required the property to be sold only at the agreed market value of R1 400 000.
  2. 2 Whether the sheriff was entitled to sell the property at a price lower than the agreed valuation.
  3. 3 Whether the applicant has reasonable prospects of success on appeal regarding the interpretation of the court order.

Ratio Decidendi

The court found that the intention of the parties, as reflected in the court order of 10 September 2013, was to ensure the sale of the property, not to guarantee a specific price. The sheriff was authorised to continue the auction process until the property was sold, and the order did not require the property to be sold only at the market value of R1 400 000. The applicant's interpretation was rejected, as the factual background demonstrated that the property could not be sold at the agreed price despite various attempts. The court held that granting leave to appeal would cause injustice to the first respondent, who had been prejudiced by the applicant's continued occupation of the...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application.