Just Names Properties 11 CC and Another v Fourie and Others (324/06) [2007] ZASCA 126; [2007] SCA 126 (RSA); [2008] 2 All SA 487 (SCA); 2008 (1) SA 343 (SCA) (28 September 2007)

Just Names Properties 11 CC and Another v Fourie and Others (324/06) [2007] ZASCA 126; [2007] SCA 126 (RSA); [2008] 2 All SA 487 (SCA); 2008 (1) SA 343 (SCA) (28 September 2007)

The Supreme Court of Appeal held that the agreement for the sale of immovable property did not comply with section 2(1) of the Alienation of Land Act 68 of 1981 because the sellers signed two blank pages, which were subsequently completed. The Act requires that the deed of alienation be signed by the parties in its...

Source-derived case information.

Citation
[2007] SCA 126 (RSA)
Parties
Appellant: Just Names Properties 11 CC; Appellant: Alexander Baladakis; Respondent: Nicolaas Jacobus Fourie; Respondent: Annie Susan Fourie; Respondent: Chartrade 247 CC; Respondent: Spiros Koutroumanos; Respondent: Kleanthis Maouris; Respondent: Platinum Mile Investments 218 (Pty) Ltd; Respondent: Registrar of Deeds, Pretoria
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 2007
Case Number
324/06
Procedural Posture
Civil Appeal / Appeal From Johannesburg High Court; Judgment on Validity of Sale Agreement
Outcome
Appeal dismissed with costs.
Judges
Brand, Heher, Mhlantla
Legal Topics
Alienation of Land Act, Formalities of Contracts, Invalidity of Sale Agreement, Signature Requirements, Counter Offer, Fraud in Contract
Land and Property Commercial and Corporate Civil Procedure Alienation of Land Act Formalities of Contracts Invalidity of Sale Agreement Signature Requirements Counter Offer +1 more

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Summary, issues, holding and outcome

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Parties

Just Names Properties 11 CC

Appellant

Alexander Baladakis

Appellant

Nicolaas Jacobus Fourie

Respondent

Annie Susan Fourie

Respondent

Chartrade 247 CC

Respondent

Spiros Koutroumanos

Respondent

Kleanthis Maouris

Respondent

Platinum Mile Investments 218 (Pty) Ltd

Respondent

Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Civil Appeal / Appeal From Johannesburg High Court; Judgment on Validity of Sale Agreement

Legal Issues

  1. 1 Whether the written agreement of sale of immovable property complied with section 2(1) of the Alienation of Land Act 68 of 1981.
  2. 2 Whether the signing of a blank page by the sellers rendered the agreement invalid.
  3. 3 Whether the sellers were entitled to repudiate the agreement on the basis of fraud.

Ratio Decidendi

The Supreme Court of Appeal held that the agreement for the sale of immovable property did not comply with section 2(1) of the Alienation of Land Act 68 of 1981 because the sellers signed two blank pages, which were subsequently completed. The Act requires that the deed of alienation be signed by the parties in its completed form, signifying their assent to the terms as written. The argument that the amendment constituted a counter-offer was rejected, as the evidence showed that the purchaser remained the offeror and the sellers did not make a written counter-offer. The invalidity of the agreement could not be cured by the fact that the amended clause reflected the parties' intention....

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.