De Lange v Ledimo (A145/2020) [2022] ZAFSHC 191 (1 August 2022)

De Lange v Ledimo (A145/2020) [2022] ZAFSHC 191 (1 August 2022)

The court granted condonation for the late filing of the notice of appeal, finding that the delay was due to negligence by the appellant's attorneys and not attributable to the appellant herself. However, the appeal was dismissed on its merits. The evidence established that a valid written agreement existed between the parties regarding the transfer of the property, and the agreement complied with the formalities required by section 2(1) of Act 68 of 1981. The appellant's argument that the agreement was against public policy and therefore void was unsupported by any evidence of a specific municipal policy or its contravention. The point of prescription was raised for the first time on...

Citation
[2022] ZAFSHC 191
Parties
Appellant: Kathrine Mary Yvonne De Lange (born Ledimo); Respondent: Stanley Joseph Lucas Ledimo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 August 2022
Case Number
A145/2020
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Decision
Outcome
Appeal dismissed. Condonation for late filing of the notice of appeal granted. Costs awarded against the appellant.
Judges
Mathebula, Daniso
Legal Topics
Alienation of Land Act, Condonation for Late Appeal, Public Policy in Contracts, Prescription of Claims
Land and Property Civil Procedure Alienation of Land Act Condonation for Late Appeal Public Policy in Contracts Prescription of Claims

Case Brief

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Parties

Kathrine Mary Yvonne De Lange (born Ledimo)

Appellant

Stanley Joseph Lucas Ledimo

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Decision

Legal Issues

  1. 1 Whether condonation for late filing of the notice of appeal should be granted.
  2. 2 Whether a valid and enforceable agreement existed between the parties regarding the transfer of property.
  3. 3 Whether the agreement was contra bonos mores and unenforceable due to alleged illegality or public policy.

Ratio Decidendi

The court granted condonation for the late filing of the notice of appeal, finding that the delay was due to negligence by the appellant's attorneys and not attributable to the appellant herself. However, the appeal was dismissed on its merits. The evidence established that a valid written agreement existed between the parties regarding the transfer of the property, and the agreement complied with the formalities required by section 2(1) of Act 68 of 1981. The appellant's argument that the agreement was against public policy and therefore void was unsupported by any evidence of a specific municipal policy or its contravention. The point of prescription was raised for the first time on...

Court Disposition

Appeal dismissed. Condonation for late filing of the notice of appeal granted. Costs awarded against the appellant.

Orders

  • Condonation for late filing of the notice of appeal and reinstatement of the appeal is granted.
  • The appellant is to pay the costs of the application for late filing of the notice of appeal.