De Hart v Kelsey NO and Others (3921/2016) [2020] ZAFSHC 222 (9 October 2020)

De Hart v Kelsey NO and Others (3921/2016) [2020] ZAFSHC 222 (9 October 2020)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The trial court's findings regarding the existence of the alleged oral agreement were based on credibility assessments of the witnesses, which were supported by the record and not challenged on appeal. The damages awarded for market rental value were substantiated by expert evidence from both sides, and the differences in calculation were minor. The trustees were not under a duty to effect improvements such as drilling new boreholes, as these did not constitute repairs or maintenance. The applicant's grounds of appeal were either unsupported by the evidence or failed to establish any error...

Citation
[2020] ZAFSHC 222
Parties
Applicant: Charl De Hart; Respondent: Brigitte Kelsey N.O.; Respondent: Elsie Jacoba Jacomina Carolina; Respondent: De Hart N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 October 2020
Case Number
3921/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Delivered on 23 January 2020.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mhlambi
Legal Topics
Leave to Appeal, Market Rental Value, Oral Agreement, Fideicommissum, Trustee Duties, Ejectment
Land and Property Civil Procedure Leave to Appeal Market Rental Value Oral Agreement Fideicommissum Trustee Duties Ejectment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Charl De Hart

Applicant

Brigitte Kelsey N.O.

Respondent

Elsie Jacoba Jacomina Carolina

Respondent

De Hart N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Delivered on 23 January 2020.

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal against the judgment and order of the court a quo.
  2. 2 Whether the court erred in its findings regarding the existence and terms of an alleged oral agreement permitting indefinite occupation of the farm.
  3. 3 Whether the damages awarded for market rental value were properly established and supported by evidence.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The trial court's findings regarding the existence of the alleged oral agreement were based on credibility assessments of the witnesses, which were supported by the record and not challenged on appeal. The damages awarded for market rental value were substantiated by expert evidence from both sides, and the differences in calculation were minor. The trustees were not under a duty to effect improvements such as drilling new boreholes, as these did not constitute repairs or maintenance. The applicant's grounds of appeal were either unsupported by the evidence or failed to establish any error...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.