Edani and Another v Pioen 1153 (Pty) Ltd and Another (3016/2018) [2018] ZAGPPHC 898 (27 November 2018)

Edani and Another v Pioen 1153 (Pty) Ltd and Another (3016/2018) [2018] ZAGPPHC 898 (27 November 2018)

The applicants failed to comply with the resolutive conditions in the sale agreements, resulting in automatic discharge of the agreements and loss of any rights flowing therefrom. The respondent did not tacitly extend or waive the time for fulfilment of the conditions, as evidenced by the repayment of the R2,000,000.00 and the presentation of new agreements. The delay in completion of the units was contemplated by the parties and did not constitute conduct preventing fulfilment of the conditions. The applicants failed to establish a prima facie right to the relief sought, and thus do not meet the requirements for an interim interdict. The application is dismissed with costs.

Citation
[2018] ZAGPPHC 898
Parties
Applicant: Christiaan Chidozie Edani; Applicant: Chinyere Victoria Edani; Respondent: Pioen 1153 (Pty) Ltd; Respondent: Registrar of Deeds
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 November 2018
Case Number
3016/2018
Procedural Posture
Urgent Application / Application for Interim Interdict; Final Judgment
Outcome
Application dismissed with costs; partial costs order against applicants' attorneys.
Judges
JH Roelofse
Legal Topics
Sale of Immovable Property, Resolutive Condition, Interim Interdict, Contractual Waiver, Specific Performance
Land and Property Civil Procedure Sale of Immovable Property Resolutive Condition Interim Interdict Contractual Waiver Specific Performance

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Parties

Christiaan Chidozie Edani

Applicant

Chinyere Victoria Edani

Applicant

Pioen 1153 (Pty) Ltd

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict; Final Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict restraining the respondents from transferring or encumbering the units pending finalization of an action.
  2. 2 Whether the applicants complied with the resolutive conditions in the sale agreements.
  3. 3 Whether the respondent tacitly extended or waived the time for fulfilment of the resolutive conditions.

Ratio Decidendi

The applicants failed to comply with the resolutive conditions in the sale agreements, resulting in automatic discharge of the agreements and loss of any rights flowing therefrom. The respondent did not tacitly extend or waive the time for fulfilment of the conditions, as evidenced by the repayment of the R2,000,000.00 and the presentation of new agreements. The delay in completion of the units was contemplated by the parties and did not constitute conduct preventing fulfilment of the conditions. The applicants failed to establish a prima facie right to the relief sought, and thus do not meet the requirements for an interim interdict. The application is dismissed with costs.

Court Disposition

Application dismissed with costs; partial costs order against applicants' attorneys.

Orders

  • The application is dismissed with costs.
  • The applicants' attorneys shall not be entitled to recover from the applicants 50% of the costs occasioned by the preparation and delivery of the applicants' heads of argument.