Coloubrite Skilders en Binnehuis Versierders (Edms) Bpk v Trust and Others (609/1987) [1989] ZASCA 21 (23 March 1989)

Coloubrite Skilders en Binnehuis Versierders (Edms) Bpk v Trust and Others (609/1987) [1989] ZASCA 21 (23 March 1989)

The court held that the appellant failed to provide sufficient evidence of a common mistake in the sale and transfer of the property. The documentation indicated that the contract between the appellant and Viltra was entered into after the cancellation of the contract with Viljoen, at a lower purchase price, and...

Source-derived case information.

Citation
[1989] ZASCA 21
Parties
Appellant: Coloubrite Skilders en Binnehuis Versierders (Edms) Bpk; Respondent: Theo Rood Trust; Respondent: George Alfred Roper; Respondent: Jacob Johannes-Prinsloo; Respondent: Viltra (Edms) Bpk; Respondent: Die Registrateur van Aktes, Pretoria; Respondent: Willem Jacobus Jordaan; Respondent: Grandell du Toit
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Case Number
609/1987
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application in the Transvaal Provincial Division
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Botha, Van Heerden, Milne, Eksteen, Grosskopf
Legal Topics
Transfer of Land, Rectification of Title, Common Mistake, Registration of Property, Ownership Dispute
Land and Property Civil Procedure Transfer of Land Rectification of Title Common Mistake Registration of Property Ownership Dispute

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Parties

Coloubrite Skilders en Binnehuis Versierders (Edms) Bpk

Appellant

Theo Rood Trust

Respondent

George Alfred Roper

Respondent

Jacob Johannes-Prinsloo

Respondent

Viltra (Edms) Bpk

Respondent

Die Registrateur van Aktes, Pretoria

Respondent

Willem Jacobus Jordaan

Respondent

Grandell du Toit

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application in the Transvaal Provincial Division

  1. 1 Whether a common mistake occurred in the sale and transfer of the property known as the 'ou restant'.
  2. 2 Whether the appellant is entitled to rectification of the property registration to exclude portion 7.
  3. 3 Whether ownership of portion 7 ever passed to the purchasers of the 'ou restant'.

Ratio Decidendi

The court held that the appellant failed to provide sufficient evidence of a common mistake in the sale and transfer of the property. The documentation indicated that the contract between the appellant and Viltra was entered into after the cancellation of the contract with Viljoen, at a lower purchase price, and there was no evidence regarding Viltra's intention to purchase only the 'new restant'. The appellant's assertion that Viltra intended to buy only the 'new restant' was unsupported by facts, and there was no indication of who acted on behalf of Viltra or whether Viljoen was involved at the relevant time. The absence of evidence regarding Viltra's subjective intention and the lack...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two advocates.