Joubert and Another v Smith NO and Others (46085/11) [2012] ZAGPPHC 46 (24 February 2012)

Joubert and Another v Smith NO and Others (46085/11) [2012] ZAGPPHC 46 (24 February 2012)

The court found that the sale agreement between the second applicant and Grant William Joubert was valid and contained all the terms and conditions agreed upon by the parties. The alleged conditions regarding compensation to the first applicant and his approval were not recorded in the written agreement, and no sufficient evidence was presented to establish their existence or materiality. The second applicant was held to have assented to the contract by signing it, and no material misrepresentation was proven. The applicants failed to provide good cause or a satisfactory explanation for their failure to object to the liquidation and distribution account in Grant's estate. Consequently,...

Citation
[2012] ZAGPPHC 46
Parties
Applicant: Mark Scale Joubert; Applicant: Jean Martha Joubert; Respondent: Adriaan Louw Smith N.O.; Respondent: The Master of the High Court; Respondent: Maria Magdalena Joubert; Respondent: The Registrar of Deeds; Respondent: The Standard Bank of South Africa Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 February 2012
Case Number
46085/11
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs on attorney and client scale.
Judges
P.M. Mabuse
Legal Topics
Sale of Immovable Property, Liquidation and Distribution Account, Rescission of Contract, Fraudulent Misrepresentation
Land and Property Civil Procedure Sale of Immovable Property Liquidation and Distribution Account Rescission of Contract Fraudulent Misrepresentation

Case Brief

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Parties

Mark Scale Joubert

Applicant

Jean Martha Joubert

Applicant

Adriaan Louw Smith N.O.

Respondent

The Master of the High Court

Respondent

Maria Magdalena Joubert

Respondent

The Registrar of Deeds

Respondent

The Standard Bank of South Africa Limited

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the sale agreement of the property should be set aside due to alleged fraudulent misrepresentation by Grant William Joubert.
  2. 2 Whether the liquidation and distribution account in the estate of Grant William Joubert should be set aside.
  3. 3 Whether the applicants have shown good cause for rescission of the sale agreement and the estate account.

Ratio Decidendi

The court found that the sale agreement between the second applicant and Grant William Joubert was valid and contained all the terms and conditions agreed upon by the parties. The alleged conditions regarding compensation to the first applicant and his approval were not recorded in the written agreement, and no sufficient evidence was presented to establish their existence or materiality. The second applicant was held to have assented to the contract by signing it, and no material misrepresentation was proven. The applicants failed to provide good cause or a satisfactory explanation for their failure to object to the liquidation and distribution account in Grant's estate. Consequently,...

Court Disposition

Application dismissed with costs on attorney and client scale.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs on attorney and client scale, the one paying and the other to be absolved.