Labuschagne and Another v Van Straaten (A149/2021) [2023] ZAFSHC 138 (25 April 2023)

Labuschagne and Another v Van Straaten (A149/2021) [2023] ZAFSHC 138 (25 April 2023)

The court found that although the appellants raised new defences on appeal regarding the non-registration of the deed of sale and the requirements of the Alienation of Land Act, these issues were not placed on record in the courts a quo and no formal application to lead further evidence was made. The appeal court is bound to decide the matter within the four corners of the record from the lower courts. As such, the orders of the lower courts could not be faulted on the record before the appeal court. The appeal was dismissed, and costs were awarded against the appellants.

Citation
[2023] ZAFSHC 138
Parties
Appellant: Maureen Labuschagne; Appellant: Willem Adriaan Labuschagne; Respondent: Ella Van Straaten
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 April 2023
Case Number
A149/2021
Procedural Posture
Civil Appeal / Appeal Against Orders of Rectification, Cancellation, Rescission, and Eviction
Outcome
Appeal dismissed with costs.
Judges
Khooe, Loubser, Opperman
Legal Topics
Alienation of Land Act, Sale of Land on Instalments, Contract Rectification, Eviction Proceedings, National Credit Act, Extension of Security of Tenure Act
Land and Property Civil Procedure Constitutional Law Alienation of Land Act Sale of Land on Instalments Contract Rectification Eviction Proceedings National Credit Act +1 more

Case Brief

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Parties

Maureen Labuschagne

Appellant

Willem Adriaan Labuschagne

Appellant

Ella Van Straaten

Respondent

Procedural Posture

Civil Appeal / Appeal Against Orders of Rectification, Cancellation, Rescission, and Eviction

Legal Issues

  1. 1 Whether the cancellation of the sale agreement was lawful given the failure to register the contract as required by the Alienation of Land Act.
  2. 2 Whether the purchasers were in default and whether the seller was entitled to cancellation and forfeiture.
  3. 3 Whether the respondent complied with the National Credit Act in demanding payment and cancellation.

Ratio Decidendi

The court found that although the appellants raised new defences on appeal regarding the non-registration of the deed of sale and the requirements of the Alienation of Land Act, these issues were not placed on record in the courts a quo and no formal application to lead further evidence was made. The appeal court is bound to decide the matter within the four corners of the record from the lower courts. As such, the orders of the lower courts could not be faulted on the record before the appeal court. The appeal was dismissed, and costs were awarded against the appellants.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.