Eiser v Zuma and Others (28178/2017) [2018] ZAGPJHC 638 (31 October 2018)

Eiser v Zuma and Others (28178/2017) [2018] ZAGPJHC 638 (31 October 2018)

The court found that there was no reasonable prospect that another court would reach a different conclusion regarding the interpretation of clause 2 of the sale agreement. The applicant's interpretation was rejected as insensible and contrary to commercial reality, as the clause was intended to protect the buyer by ensuring she secured acceptable financial means. The evidence, particularly that of Ms Joubert, supported the finding that acceptance of the loan terms was necessary for the suspensive condition to be fulfilled. The court held that the grounds of appeal did not establish any compelling reason for leave to appeal, and the application was accordingly dismissed with costs.

Citation
[2018] ZAGPJHC 638
Parties
Applicant: Leonard Wayne Eiser; Respondent: Shereen Zuma; Respondent: Jawitz Properties; Respondent: Faurie Nell Inc
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
31 October 2018
Case Number
28178/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Maier-Frawley
Legal Topics
Contract Interpretation, Suspensive Conditions, Sale of Immovable Property, Leave to Appeal
Land and Property Civil Procedure Contract Interpretation Suspensive Conditions Sale of Immovable Property Leave to Appeal

Case Brief

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Parties

Leonard Wayne Eiser

Applicant

Shereen Zuma

Respondent

Jawitz Properties

Respondent

Faurie Nell Inc

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion regarding the interpretation of clause 2 of the sale agreement.
  2. 2 Whether the suspensive condition in clause 2 of the sale agreement was fulfilled by the offer of a mortgage bond for less than R2 million.
  3. 3 Whether the court erred in its evaluation of the evidence and application of the deeming provision in clause 2.

Ratio Decidendi

The court found that there was no reasonable prospect that another court would reach a different conclusion regarding the interpretation of clause 2 of the sale agreement. The applicant's interpretation was rejected as insensible and contrary to commercial reality, as the clause was intended to protect the buyer by ensuring she secured acceptable financial means. The evidence, particularly that of Ms Joubert, supported the finding that acceptance of the loan terms was necessary for the suspensive condition to be fulfilled. The court held that the grounds of appeal did not establish any compelling reason for leave to appeal, and the application was accordingly dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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