Mackey NO and Another v Snyman NO and Others (3302/2016) [2017] ZAECGHC 80 (6 July 2017)

Mackey NO and Another v Snyman NO and Others (3302/2016) [2017] ZAECGHC 80 (6 July 2017)

The court held that the proceedings were not to determine the validity of the sale agreement but to assess whether the requirements for interim relief were met. The applicants established a prima facie right based on the existence of a disputed sale agreement. The court found that if the property were alienated or encumbered before the finalisation of the action, the applicants would suffer irreparable harm, as specific performance would be difficult or impossible to enforce. The balance of convenience favoured the applicants, and there was no satisfactory alternative remedy. Accordingly, the applicants were entitled to an interim interdict restraining the respondents from alienating or...

Citation
[2017] ZAECGHC 80
Parties
Applicant: Rodger John Mackey N.O.; Applicant: Gustav Bernhard August Gerdener N.O.; Respondent: Johannes Jacobus Snyman N.O.; Respondent: Adele Snyman N.O.; Respondent: Gideon Joubert du Plessis N.O.; Respondent: Oos Vrystaat Kaap Operations Ltd; Respondent: Absa Bank Limited
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
6 July 2017
Case Number
3302/2016
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Action for Specific Performance or Damages
Outcome
Interim interdict granted in favour of the applicants; costs awarded against first, second, and third respondents.
Judges
N G Beshe
Legal Topics
Interim Interdict, Specific Performance, Sale of Land, Alienation of Property, Prima Facie Right
Civil Procedure Land and Property Interim Interdict Specific Performance Sale of Land Alienation of Property Prima Facie Right

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Parties

Rodger John Mackey N.O.

Applicant

Gustav Bernhard August Gerdener N.O.

Applicant

Johannes Jacobus Snyman N.O.

Respondent

Adele Snyman N.O.

Respondent

Gideon Joubert du Plessis N.O.

Respondent

Oos Vrystaat Kaap Operations Ltd

Respondent

Absa Bank Limited

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Action for Specific Performance or Damages

Legal Issues

  1. 1 Whether the applicants have established a prima facie right to an interim interdict restraining the respondents from alienating or encumbering the property pending finalisation of an action for specific performance or damages.
  2. 2 Whether the requirements for the granting of interim relief have been met.
  3. 3 Whether the balance of convenience and irreparable harm favour the granting of the interdict.

Ratio Decidendi

The court held that the proceedings were not to determine the validity of the sale agreement but to assess whether the requirements for interim relief were met. The applicants established a prima facie right based on the existence of a disputed sale agreement. The court found that if the property were alienated or encumbered before the finalisation of the action, the applicants would suffer irreparable harm, as specific performance would be difficult or impossible to enforce. The balance of convenience favoured the applicants, and there was no satisfactory alternative remedy. Accordingly, the applicants were entitled to an interim interdict restraining the respondents from alienating or...

Court Disposition

Interim interdict granted in favour of the applicants; costs awarded against first, second, and third respondents.

Orders

  • First, second and third respondents are interdicted and restrained from directly or indirectly alienating and/or encumbering Portion 13 of the farm Badspruit 1, Maletswai Municipality, Aliwal North, Eastern Cape Province, pending the finalisation of an action to be instituted within thirty (30) days from date of...
  • First, second and third respondents are ordered to pay the costs of this application.