Maja v Maake and Another (008158/2022) [2024] ZAGPPHC 31 (24 January 2024)

Maja v Maake and Another (008158/2022) [2024] ZAGPPHC 31 (24 January 2024)

The applicant failed to comply with the suspensive conditions in the addendum to the offer to purchase, specifically by not completing the building and failing to obtain the certificate of occupancy within the stipulated six-month period. The respondent's version of incomplete works and lack of compliance was accepted, and the offer to purchase was found to have lapsed by effluxion of time. The respondent validly cancelled the agreement, and the refusal to sign a new offer to purchase did not constitute repudiation. The applicant cannot enforce an agreement that has lapsed, nor compel the respondent to sign a new contract. The application for specific performance was therefore dismissed.

Citation
[2024] ZAGPPHC 31
Parties
Applicant: Lesiba Percy Maja; Respondent: Thabiso Maake; Respondent: Abel Jacobus Grobbelaar (in their capacity as Trustee for the Comfort-Zone Trust, Registration No. IT 00729/2020)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 January 2024
Case Number
008158/2022
Procedural Posture
Civil Application / Opposed Motion for Specific Performance
Outcome
Application dismissed with costs.
Judges
Yende
Legal Topics
Specific Performance, Sale of Immovable Property, Suspensive Conditions, Contractual Interpretation
Land and Property Civil Procedure Specific Performance Sale of Immovable Property Suspensive Conditions Contractual Interpretation

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Parties

Lesiba Percy Maja

Applicant

Thabiso Maake

Respondent

Abel Jacobus Grobbelaar (in their capacity as Trustee for the Comfort-Zone Trust, Registration No. IT 00729/2020)

Respondent

Procedural Posture

Civil Application / Opposed Motion for Specific Performance

Legal Issues

  1. 1 Whether the applicant complied with the suspensive conditions in the addendum to the offer to purchase.
  2. 2 Whether the offer to purchase lapsed by effluxion of time due to non-compliance with the suspensive conditions.
  3. 3 Whether the respondent's refusal to sign a new offer to purchase constitutes repudiation of contract.

Ratio Decidendi

The applicant failed to comply with the suspensive conditions in the addendum to the offer to purchase, specifically by not completing the building and failing to obtain the certificate of occupancy within the stipulated six-month period. The respondent's version of incomplete works and lack of compliance was accepted, and the offer to purchase was found to have lapsed by effluxion of time. The respondent validly cancelled the agreement, and the refusal to sign a new offer to purchase did not constitute repudiation. The applicant cannot enforce an agreement that has lapsed, nor compel the respondent to sign a new contract. The application for specific performance was therefore dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of the application on a party and party scale.