J R 209 Investments (Pty) Ltd and Another v Pine Villa Country Estate (Pty) Ltd, Pine Villa Estates (Pty) Ltd v J R 209 Investments (Pty) Ltd (617/07, 2/08) [2009] ZASCA 3; 2009 (4) SA 302 (SCA) ; [2009] 3 All SA 32 (SCA) (26 February 2009)

J R 209 Investments (Pty) Ltd and Another v Pine Villa Country Estate (Pty) Ltd, Pine Villa Estates (Pty) Ltd v J R 209 Investments (Pty) Ltd (617/07, 2/08) [2009] ZASCA 3; 2009 (4) SA 302 (SCA) ; [2009] 3 All SA 32 (SCA) (26 February 2009)

The Supreme Court of Appeal held that the deed of sale sufficiently described the property to comply with section 2(1) of the Alienation of Land Act. The contract envisaged the purchaser determining the shape and size of the portion to be transferred to Mr Oberem, subject to express and implied limitations, which...

Source-derived case information.

Citation
[2009] ZASCA 3
Parties
Appellant: J R 209 Investments (Pty) Ltd; Appellant: M & T Development (Pty) Ltd; Respondent: Pine Villa Country Estate (Pty) Ltd; Appellant: Pine Villa Estates (Pty) Ltd; Respondent: J R 209 Investments (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 February 2009
Case Number
617/07, 2/08
Procedural Posture
Civil Appeal / Appeal From Judgments of Rabie J and Botha J; Consolidated Hearing
Outcome
Appeal against the interdict granted by Rabie J is upheld with costs; the order of the court below is set aside and replaced with dismissal of the application with costs. Appeal against the refusal to amend pleadings by Botha J is dismissed with costs.
Judges
Harms, Ponnan, Cachalia, Leach, Mhlantla
Legal Topics
Alienation of Land Act, Validity of Deed of Sale, Description of Property, Interim Interdict, Amendment of Pleadings
Land and Property Civil Procedure Alienation of Land Act Validity of Deed of Sale Description of Property Interim Interdict Amendment of Pleadings

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Summary, issues, holding and outcome

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Parties

J R 209 Investments (Pty) Ltd

Appellant

M & T Development (Pty) Ltd

Appellant

Pine Villa Country Estate (Pty) Ltd

Respondent

Pine Villa Estates (Pty) Ltd

Appellant

J R 209 Investments (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgments of Rabie J and Botha J; Consolidated Hearing

Legal Issues

  1. 1 Whether the deed of sale sufficiently described the property to comply with section 2(1) of the Alienation of Land Act.
  2. 2 Whether the seller had locus standi to reclaim Portion 7 or to seek an interdict.
  3. 3 Whether the interim interdict granted by Rabie J was appealable.

Ratio Decidendi

The Supreme Court of Appeal held that the deed of sale sufficiently described the property to comply with section 2(1) of the Alienation of Land Act. The contract envisaged the purchaser determining the shape and size of the portion to be transferred to Mr Oberem, subject to express and implied limitations, which was permissible. The seller lacked locus standi to reclaim Portion 7 or seek an interdict, as clause 11.2 created a contract for the benefit of a third party, and only Mr Oberem could enforce its terms. The application to amend pleadings was rightly refused, as the proposed amendments conflicted with the express terms of the contract and were ill-conceived. The interim interdict...

Court Disposition

Appeal against the interdict granted by Rabie J is upheld with costs; the order of the court below is set aside and replaced with dismissal of the application with costs. Appeal against the refusal to amend pleadings by Botha J is dismissed with costs.

Orders

  • In case 617/07, the appeal is upheld with costs, including the costs of two counsel.
  • The order of the court below is set aside and replaced with: 'The application is dismissed with costs, inclusive of the costs of two counsel.'