Longueira and Another v Bashir and Others (21623/13) [2015] ZAGPPHC 725 (15 May 2015)

Longueira and Another v Bashir and Others (21623/13) [2015] ZAGPPHC 725 (15 May 2015)

The court found that the Applicants had complied with the cancellation procedure stipulated in the purchase agreement by placing the First Respondent on terms and giving seven days to remedy the breach. The First Respondent failed to provide a valid electrical compliance certificate and did not remedy the breach within the required period. The Applicants validly cancelled the agreement and were entitled to restitution of the purchase price, transfer costs, and municipal account payments. The court rejected the Respondents' version regarding the validity of the certificate and found no real dispute of fact. The Applicants were awarded party and party costs, but not attorney and client...

Citation
[2015] ZAGPPHC 725
Parties
Applicant: Rui Duarte Sousa Longueira; Applicant: Veronica Longueira; Respondent: Charlotte Catherina Bashir; Respondent: Corne Myles Attorneys; Respondent: Registrar of Deeds, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 May 2015
Case Number
21623/13
Procedural Posture
Civil Application / Judgment
Outcome
Application granted. The cancellation of the purchase agreement is confirmed. The First Respondent is ordered to repay the purchase price and associated costs. Costs awarded on a party and party scale.
Judges
CA Da Silva
Legal Topics
Sale of Immovable Property, Contract Cancellation, Specific Performance, Transfer of Property, Electrical Compliance Certificate
Land and Property Civil Procedure Sale of Immovable Property Contract Cancellation Specific Performance Transfer of Property Electrical Compliance Certificate

Case Brief

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Parties

Rui Duarte Sousa Longueira

Applicant

Veronica Longueira

Applicant

Charlotte Catherina Bashir

Respondent

Corne Myles Attorneys

Respondent

Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the Applicants validly cancelled the purchase agreement for the immovable property.
  2. 2 Whether the First Respondent breached the agreement by failing to provide a valid electrical compliance certificate.
  3. 3 Whether the Applicants are entitled to restitution of the purchase price and associated costs.

Ratio Decidendi

The court found that the Applicants had complied with the cancellation procedure stipulated in the purchase agreement by placing the First Respondent on terms and giving seven days to remedy the breach. The First Respondent failed to provide a valid electrical compliance certificate and did not remedy the breach within the required period. The Applicants validly cancelled the agreement and were entitled to restitution of the purchase price, transfer costs, and municipal account payments. The court rejected the Respondents' version regarding the validity of the certificate and found no real dispute of fact. The Applicants were awarded party and party costs, but not attorney and client...

Court Disposition

Application granted. The cancellation of the purchase agreement is confirmed. The First Respondent is ordered to repay the purchase price and associated costs. Costs awarded on a party and party scale.

Orders

  • The cancellation by the Applicants of the purchase agreement dated 21 May 2012 is confirmed.
  • The First Respondent is ordered to repay the purchase price of R570,000.00 to the Applicants against delivery of the property.