Guthrie and Another v Etango Game Lodge (Pty) Ltd and Another (66601/2010) [2011] ZAGPPHC 214 (9 December 2011)

Guthrie and Another v Etango Game Lodge (Pty) Ltd and Another (66601/2010) [2011] ZAGPPHC 214 (9 December 2011)

The court found that the applicants, as registered owners and members of the body corporate, had standing to enforce the relevant contractual rights. The respondents breached the deed of sale and conditions by capturing and selling game without the required consent, failing to provide a safari vehicle and electrical connection, and not constructing the promised clubhouse/wellness centre. The court rejected the respondents' arguments regarding the non-existence of the body corporate and procedural requirements, noting that the applicants and the developer were the only members and that the dispute was between members, not with the body corporate itself. The court granted specific...

Citation
[2011] ZAGPPHC 214
Parties
Applicant: Peter John Guthrie; Applicant: Leslie Guthrie; Respondent: Etango Game Lodge (Pty) Ltd; Respondent: Pete Lourens
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 December 2011
Case Number
66601/2010
Procedural Posture
Civil Application / Judgment
Outcome
Application granted in part; specific performance and rectification ordered; costs awarded to applicants.
Judges
Van der Byl
Legal Topics
Sectional Titles Act, Rectification of Contract, Body Corporate Rights, Developer Obligations, Specific Performance
Land and Property Commercial and Corporate Sectional Titles Act Rectification of Contract Body Corporate Rights Developer Obligations Specific Performance

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Parties

Peter John Guthrie

Applicant

Leslie Guthrie

Applicant

Etango Game Lodge (Pty) Ltd

Respondent

Pete Lourens

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the respondents breached the deed of sale by capturing and selling game without body corporate consent.
  2. 2 Whether the applicants are entitled to rectification of the contract to include a clubhouse/wellness centre.
  3. 3 Whether the respondents are obliged to provide an electrical connection and safari vehicle as per the contract.

Ratio Decidendi

The court found that the applicants, as registered owners and members of the body corporate, had standing to enforce the relevant contractual rights. The respondents breached the deed of sale and conditions by capturing and selling game without the required consent, failing to provide a safari vehicle and electrical connection, and not constructing the promised clubhouse/wellness centre. The court rejected the respondents' arguments regarding the non-existence of the body corporate and procedural requirements, noting that the applicants and the developer were the only members and that the dispute was between members, not with the body corporate itself. The court granted specific...

Court Disposition

Application granted in part; specific performance and rectification ordered; costs awarded to applicants.

Orders

  • Respondents prohibited from capturing, selling or allowing hunting of game on the Etango Private Game Reserve without prior written consent of all body corporate members.
  • First Respondent ordered to supply, within 30 days, comprehensive records to the applicants as body corporate members of game captured, sold, hunted and culled since 15 July 2007.