Lekganyane v Sechabela and Another (39337/2016) [2017] ZAGPPHC 411 (9 May 2017)

Lekganyane v Sechabela and Another (39337/2016) [2017] ZAGPPHC 411 (9 May 2017)

The court found that the applicant failed to comply with the procedural requirements for terminating the sale agreement under the Alienation of Land Act, specifically by not notifying the purchaser of the alleged breach and giving an opportunity to rectify. The applicant also did not invoke the breach clause in the contract. The delay in transfer was attributable to the applicant, who relocated and was unreachable for an extended period. The respondent provided a reasonable explanation for the late filing of the answering affidavit, and condonation was granted. The applicant did not make out a case for the relief sought, as she still had remedies available under the contract and the Act...

Citation
[2017] ZAGPPHC 411
Parties
Applicant: Gela Rachel Lekganyane; Respondent: Onica Sechabela; Respondent: The Executrix
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 May 2017
Case Number
39337/2016
Procedural Posture
Civil Application / Judgment on Opposed Application for Setting Aside Sale Agreement
Outcome
Application dismissed with costs.
Judges
MIA
Legal Topics
Alienation of Land Act, Condonation of Late Filing, Sale of Immovable Property, Specific Performance, Contract Termination
Land and Property Civil Procedure Alienation of Land Act Condonation of Late Filing Sale of Immovable Property Specific Performance Contract Termination

Case Brief

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Parties

Gela Rachel Lekganyane

Applicant

Onica Sechabela

Respondent

The Executrix

Respondent

Procedural Posture

Civil Application / Judgment on Opposed Application for Setting Aside Sale Agreement

Legal Issues

  1. 1 Whether the applicant is entitled to have the sale agreement of the property set aside.
  2. 2 Whether the applicant complied with the procedural requirements for terminating the contract under the Alienation of Land Act.
  3. 3 Whether condonation for the late filing of the answering affidavit should be granted.

Ratio Decidendi

The court found that the applicant failed to comply with the procedural requirements for terminating the sale agreement under the Alienation of Land Act, specifically by not notifying the purchaser of the alleged breach and giving an opportunity to rectify. The applicant also did not invoke the breach clause in the contract. The delay in transfer was attributable to the applicant, who relocated and was unreachable for an extended period. The respondent provided a reasonable explanation for the late filing of the answering affidavit, and condonation was granted. The applicant did not make out a case for the relief sought, as she still had remedies available under the contract and the Act...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is to pay the costs of this application.