Cornelissen v Norris and Others (2569/2013) [2013] ZAFSHC 197 (21 November 2013)

Cornelissen v Norris and Others (2569/2013) [2013] ZAFSHC 197 (21 November 2013)

The court found that the suspensive condition requiring the furnishing of guarantees by a specified date was not fulfilled. The court order merely extended the deadline for compliance but did not remove the suspensive condition. As the guarantees were not provided within the required timeframe, the contract lapsed and specific performance became impossible. The applicant's explanation for the delay and the late filing of the replying affidavit did not alter the legal position. Consequently, the application to compel transfer of the property and the applications for condonation were dismissed.

Citation
[2013] ZAFSHC 197
Parties
Applicant: Muriel Cornelissen; Respondent: Natasha Colleen Norris; Respondent: Sha-Iestah Hayman; Respondent: EG Cooper Majiedt Ingelyf; Respondent: The Master of the High Court, Bloemfontein; Respondent: The Registrar of Deeds, Bloemfontein; Respondent: ABSA Bank Beperk
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 November 2013
Case Number
2569/2013
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs, including costs for condonation applications.
Judges
L. M. Sesele
Legal Topics
Specific Performance, Suspensive Condition, Transfer of Property, Condonation, Mortgage Bond
Land and Property Civil Procedure Specific Performance Suspensive Condition Transfer of Property Condonation Mortgage Bond

Case Brief

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Parties

Muriel Cornelissen

Applicant

Natasha Colleen Norris

Respondent

Sha-Iestah Hayman

Respondent

EG Cooper Majiedt Ingelyf

Respondent

The Master of the High Court, Bloemfontein

Respondent

The Registrar of Deeds, Bloemfontein

Respondent

ABSA Bank Beperk

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to compel transfer of the property from the first respondent.
  2. 2 Whether the suspensive condition in the agreement was fulfilled.
  3. 3 Whether specific performance can be ordered despite non-fulfilment of the suspensive condition.

Ratio Decidendi

The court found that the suspensive condition requiring the furnishing of guarantees by a specified date was not fulfilled. The court order merely extended the deadline for compliance but did not remove the suspensive condition. As the guarantees were not provided within the required timeframe, the contract lapsed and specific performance became impossible. The applicant's explanation for the delay and the late filing of the replying affidavit did not alter the legal position. Consequently, the application to compel transfer of the property and the applications for condonation were dismissed.

Court Disposition

Application dismissed with costs, including costs for condonation applications.

Orders

  • The application is dismissed with costs, including costs for the applications for condonation for the late filing of the replying affidavit and non-compliance with the court order.