Joycor Enterprises (Pty) Ltd v Draai and Others (2178/18) [2020] ZAECPEHC 15 (28 May 2020)

Joycor Enterprises (Pty) Ltd v Draai and Others (2178/18) [2020] ZAECPEHC 15 (28 May 2020)

The court found that the applicant had provided sufficient evidence to prove fulfilment of the suspensive conditions in the sale agreement, including confirmatory affidavits, a detailed letter from Mr Bester, and the founding affidavit of the first and second respondents in the eviction application. The court accepted that Mr Bester, as agent, attorney, and conveyancer for the first and second respondents, was in a position to confirm fulfilment of the conditions. The validity of the sale agreement had already been confirmed in previous proceedings by Mageza AJ, and that finding stands. The respondents' reliance on hearsay and absence of a bank affidavit was not persuasive, given the...

Citation
[2020] ZAECPEHC 15
Parties
Applicant: Joycor Enterprises (Pty) Ltd; Respondent: Benjamin Paul Draai; Respondent: Karen Ann Draai; Respondent: Raynard Vicarto Brass; Respondent: Shereez Gwendolene Brass; Respondent: The Registrar of Deeds, King Williams Town; Respondent: Raynard Vicarto Brass N.O.; Respondent: Shereez Gwendolene Brass N.O.
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
28 May 2020
Case Number
2178/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 3 March 2020.
Outcome
Application for leave to appeal dismissed with costs.
Judges
N Gqamana
Legal Topics
Leave to Appeal, Agreement of Sale, Suspensive Conditions, Onus of Proof, Bona Fide Purchaser
Civil Procedure Land and Property Leave to Appeal Agreement of Sale Suspensive Conditions Onus of Proof Bona Fide Purchaser

Case Brief

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Parties

Joycor Enterprises (Pty) Ltd

Applicant

Benjamin Paul Draai

Respondent

Karen Ann Draai

Respondent

Raynard Vicarto Brass

Respondent

Shereez Gwendolene Brass

Respondent

The Registrar of Deeds, King Williams Town

Respondent

Raynard Vicarto Brass N.O.

Respondent

Shereez Gwendolene Brass N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 3 March 2020.

Legal Issues

  1. 1 Whether the suspensive conditions in the sale agreement were fulfilled.
  2. 2 Whether the applicant discharged the onus of proving fulfilment of the suspensive conditions.
  3. 3 Whether the Trust was a bona fide purchaser of the property.

Ratio Decidendi

The court found that the applicant had provided sufficient evidence to prove fulfilment of the suspensive conditions in the sale agreement, including confirmatory affidavits, a detailed letter from Mr Bester, and the founding affidavit of the first and second respondents in the eviction application. The court accepted that Mr Bester, as agent, attorney, and conveyancer for the first and second respondents, was in a position to confirm fulfilment of the conditions. The validity of the sale agreement had already been confirmed in previous proceedings by Mageza AJ, and that finding stands. The respondents' reliance on hearsay and absence of a bank affidavit was not persuasive, given the...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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