Mabusela and Others v Booi and Another (CA149/2021) [2023] ZAECMKHC 54 (2 May 2023)

Mabusela and Others v Booi and Another (CA149/2021) [2023] ZAECMKHC 54 (2 May 2023)

The court found that no valid agreement of sale was concluded between the parties for the property, as the respondents did not signify acceptance of the appellants' counter-offer for R515,000.00. The respondents' signatures on the initial offer to purchase for R450,000.00 could not denote acceptance of the amended purchase price. The appeal was held to have reasonable prospects of success, and in the interests of justice, condonation for the late filing of the appeal record and reinstatement of the appeal were granted. The order of the court a quo was set aside and substituted with an order discharging the rule nisi.

Citation
[2023] ZAECMKHC 54
Parties
Appellant: Mfundo Mabusela; Appellant: Thandeka Judith Mabusela (Nee Ngethu); Appellant: Amathuse Family Trust; Respondent: Bulelani Booi; Respondent: Zanda Booi
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
2 May 2023
Case Number
CA149/2021
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of Court a Quo; Applications for Condonation, Reinstatement, and Declaration of Lapse Considered
Outcome
Appeal upheld; order of court a quo set aside and substituted; rule nisi discharged; costs awarded as specified.
Judges
N G Beshe, R W N Brooks, M Gwala
Legal Topics
Alienation of Land Act, Formalities of Contract, Condonation, Appeal Lapse, Offer and Acceptance
Land and Property Civil Procedure Alienation of Land Act Formalities of Contract Condonation Appeal Lapse Offer and Acceptance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mfundo Mabusela

Appellant

Thandeka Judith Mabusela (Nee Ngethu)

Appellant

Amathuse Family Trust

Appellant

Bulelani Booi

Respondent

Zanda Booi

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of Court a Quo; Applications for Condonation, Reinstatement, and Declaration of Lapse Considered

Legal Issues

  1. 1 Whether a valid agreement of sale was concluded between the parties in compliance with section 2(1) of the Alienation of Land Act.
  2. 2 Whether the respondents accepted the appellants' counter-offer for the purchase price of R515,000.00.
  3. 3 Whether the appeal had lapsed due to procedural non-compliance and whether condonation and reinstatement should be granted.

Ratio Decidendi

The court found that no valid agreement of sale was concluded between the parties for the property, as the respondents did not signify acceptance of the appellants' counter-offer for R515,000.00. The respondents' signatures on the initial offer to purchase for R450,000.00 could not denote acceptance of the amended purchase price. The appeal was held to have reasonable prospects of success, and in the interests of justice, condonation for the late filing of the appeal record and reinstatement of the appeal were granted. The order of the court a quo was set aside and substituted with an order discharging the rule nisi.

Court Disposition

Appeal upheld; order of court a quo set aside and substituted; rule nisi discharged; costs awarded as specified.

Orders

  • The application for an order declaring that the appeal has lapsed is dismissed.
  • The late filing of the appeal record is condoned.