Dales v Rheeder and Others (AR 587/10) [2011] ZAKZPHC 13 (1 April 2011)

Dales v Rheeder and Others (AR 587/10) [2011] ZAKZPHC 13 (1 April 2011)

The court held that, at the stage of exception, it is sufficient if the construction contended for by the appellant is a possible interpretation of the agreement, especially considering admissible extrinsic evidence. The description of the property—a 20 metre wide strip adjacent to the appellant's property—was found to be sufficiently determinable, particularly when read with the subsequent letter and attached survey diagram. The purchase price, calculated as a proportion of the area and price paid for the whole property, was also found to be ascertainable. The exception based on non-compliance with the Alienation of Land Act was therefore not sustainable. Regarding Mrs Rheeder, the court...

Citation
[2011] ZAKZPHC 13
Parties
Appellant: Redmond Dales; Respondent: Leon Stefanus Rheeder; Respondent: Lynn Rheeder; Respondent: The Registrar of Deeds, Pietermaritzburg
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
1 April 2011
Case Number
AR 587/10
Procedural Posture
Civil Appeal / Appeal Against Upholding of Exception to Particulars of Claim
Outcome
Appeal upheld; exceptions dismissed.
Judges
Wallis, Seegobin, Booyens
Legal Topics
Alienation of Land Act, Specific Performance, Exception Procedure, Doctrine of Notice
Land and Property Civil Procedure Alienation of Land Act Specific Performance Exception Procedure Doctrine of Notice

Case Brief

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Parties

Redmond Dales

Appellant

Leon Stefanus Rheeder

Respondent

Lynn Rheeder

Respondent

The Registrar of Deeds, Pietermaritzburg

Respondent

Procedural Posture

Civil Appeal / Appeal Against Upholding of Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the written agreement for the sale of immovable property complies with the statutory requirements under the Alienation of Land Act.
  2. 2 Whether the particulars of claim disclose a cause of action for specific performance.
  3. 3 Whether the description of the property and the purchase price in the agreement are sufficiently certain.

Ratio Decidendi

The court held that, at the stage of exception, it is sufficient if the construction contended for by the appellant is a possible interpretation of the agreement, especially considering admissible extrinsic evidence. The description of the property—a 20 metre wide strip adjacent to the appellant's property—was found to be sufficiently determinable, particularly when read with the subsequent letter and attached survey diagram. The purchase price, calculated as a proportion of the area and price paid for the whole property, was also found to be ascertainable. The exception based on non-compliance with the Alienation of Land Act was therefore not sustainable. Regarding Mrs Rheeder, the court...

Court Disposition

Appeal upheld; exceptions dismissed.

Orders

  • The exceptions are dismissed.
  • The first and second respondents are ordered jointly and severally, the one paying the other to be absolved, to pay the costs of the exceptions.