Checkmate Distribution (Pty) Ltd King's Prop Development (Pty) Ltd (2016/21908) [2017] ZAGPJHC 169 (5 May 2017)

Checkmate Distribution (Pty) Ltd King's Prop Development (Pty) Ltd (2016/21908) [2017] ZAGPJHC 169 (5 May 2017)

The court found that the purchase and sale agreement between the parties was cancelled by mutual consent and that a subsequent settlement agreement was concluded, which disposed of all claims and obligations arising from the cancelled contract. The applicant's denial of knowledge of the settlement agreement was rejected based on documentary evidence showing that the agreement was sent to the applicant's attorneys prior to the launch of the application. The court held that the settlement agreement is dispositive of the applicant's claim, and therefore the application must be dismissed.

Citation
[2017] ZAGPJHC 169
Parties
Applicant: Checkmate Distribution (Pty) Ltd; Respondent: King's Prop Development (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 May 2017
Case Number
2016/21908
Procedural Posture
Civil Application / First Instance
Outcome
Application dismissed with costs.
Judges
W R Mokhari
Legal Topics
Specific Performance, Restitution, Contract Cancellation, Settlement Agreement
Commercial and Corporate Land and Property Specific Performance Restitution Contract Cancellation Settlement Agreement

Case Brief

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Parties

Checkmate Distribution (Pty) Ltd

Applicant

King's Prop Development (Pty) Ltd

Respondent

Procedural Posture

Civil Application / First Instance

Legal Issues

  1. 1 Whether the applicant is entitled to restitution or specific performance under the cancelled purchase and sale agreement.
  2. 2 Whether the settlement agreement between the parties is valid and dispositive of the applicant's claim.
  3. 3 Whether the applicant's denial of knowledge of the settlement agreement is credible.

Ratio Decidendi

The court found that the purchase and sale agreement between the parties was cancelled by mutual consent and that a subsequent settlement agreement was concluded, which disposed of all claims and obligations arising from the cancelled contract. The applicant's denial of knowledge of the settlement agreement was rejected based on documentary evidence showing that the agreement was sent to the applicant's attorneys prior to the launch of the application. The court held that the settlement agreement is dispositive of the applicant's claim, and therefore the application must be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.