Macakati v Larry and Others (6776/2016) [2016] ZAWCHC 73 (15 June 2016)

Macakati v Larry and Others (6776/2016) [2016] ZAWCHC 73 (15 June 2016)

The court held that the respondent acquired an accrued right to cancel the deed of sale upon the applicant's failure to pay the demanded sum within the seven calendar days stipulated in clause 16.1 of the contract. The applicant's late payment on 1 February 2016 did not deprive the respondent of this right. The word 'days' in the contract was interpreted as calendar days, not court days. The respondent did not lose her right to cancel by delaying formal notice, as there was no evidence of an election to abide by the contract. The subsequent sale of the property to new purchasers and the respondent's conduct indicated an intention not to abide by the contract. The court found it...

Citation
[2016] ZAWCHC 73
Parties
Applicant: Nkosiyabo Leonard Macakati; Respondent: Monique Marcia Larry; Respondent: A V Dawson & Co; Respondent: Registrar of Deeds
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 June 2016
Case Number
6776/2016
Procedural Posture
Urgent Application / Final Relief Application
Outcome
Application dismissed with costs.
Judges
Rogers
Legal Topics
Specific Performance, Lex Commissoria, Contract Cancellation, De Minimis Non Curat Lex
Land and Property Civil Procedure Specific Performance Lex Commissoria Contract Cancellation De Minimis Non Curat Lex

Case Brief

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Parties

Nkosiyabo Leonard Macakati

Applicant

Monique Marcia Larry

Respondent

A V Dawson & Co

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Urgent Application / Final Relief Application

Legal Issues

  1. 1 Whether the applicant's late payment precluded the respondent from cancelling the deed of sale.
  2. 2 Whether the respondent lost her right to cancel by delaying formal notice of cancellation.
  3. 3 Whether a short payment of R20.50 entitled the respondent to cancel the contract.

Ratio Decidendi

The court held that the respondent acquired an accrued right to cancel the deed of sale upon the applicant's failure to pay the demanded sum within the seven calendar days stipulated in clause 16.1 of the contract. The applicant's late payment on 1 February 2016 did not deprive the respondent of this right. The word 'days' in the contract was interpreted as calendar days, not court days. The respondent did not lose her right to cancel by delaying formal notice, as there was no evidence of an election to abide by the contract. The subsequent sale of the property to new purchasers and the respondent's conduct indicated an intention not to abide by the contract. The court found it...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs including the costs reserved on 13 May 2016.