Devostep (Pty) Ltd v Kramer and Others (5724/2017) [2019] ZAFSHC 152 (12 September 2019)

Devostep (Pty) Ltd v Kramer and Others (5724/2017) [2019] ZAFSHC 152 (12 September 2019)

The court held that the deed of sale was void as it was not signed by all co-owners, failing to comply with Section 2(1) of the Alienation of Land Act. The plaintiff's particulars of claim did not rely on Section 28 of the Act, which provides for recovery of performance under a void contract. As a result, the particulars of claim did not disclose a cause of action. The first exception, relating to vagueness and embarrassment, was dismissed due to procedural defects and lack of substantive merit. The second exception, addressing the absence of a valid cause of action, was upheld. The plaintiff was granted leave to amend the particulars of claim within 21 days. Costs were awarded to the...

Citation
[2019] ZAFSHC 152
Parties
Plaintiff: Devostep (Pty) Ltd; Defendant: Johannes Andreas Kramer; Defendant: Petrus Johannes Joubert; Defendant: Jaques Nortje; Defendant: Jacobus Lodewyk Weihmann
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 September 2019
Case Number
5724/2017
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
The first exception is dismissed; the second exception is upheld. The plaintiff is granted leave to amend the particulars of claim within 21 days and must pay the defendants' costs.
Judges
M Voges
Legal Topics
Alienation of Land Act, Exception Procedure, Cause of Action, Repudiation, Damages, Pleading Requirements
Land and Property Civil Procedure Alienation of Land Act Exception Procedure Cause of Action Repudiation Damages Pleading Requirements

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Parties

Devostep (Pty) Ltd

Plaintiff

Johannes Andreas Kramer

Defendant

Petrus Johannes Joubert

Defendant

Jaques Nortje

Defendant

Jacobus Lodewyk Weihmann

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose a cause of action in light of the Alienation of Land Act requirements.
  2. 2 Whether the particulars of claim are vague and embarrassing regarding the damages and occupational interest claims.
  3. 3 Whether the deed of sale is valid if not signed by all co-owners as required by statute.

Ratio Decidendi

The court held that the deed of sale was void as it was not signed by all co-owners, failing to comply with Section 2(1) of the Alienation of Land Act. The plaintiff's particulars of claim did not rely on Section 28 of the Act, which provides for recovery of performance under a void contract. As a result, the particulars of claim did not disclose a cause of action. The first exception, relating to vagueness and embarrassment, was dismissed due to procedural defects and lack of substantive merit. The second exception, addressing the absence of a valid cause of action, was upheld. The plaintiff was granted leave to amend the particulars of claim within 21 days. Costs were awarded to the...

Court Disposition

The first exception is dismissed; the second exception is upheld. The plaintiff is granted leave to amend the particulars of claim within 21 days and must pay the defendants' costs.

Orders

  • The first exception of the defendants is dismissed.
  • The second exception is upheld.