Manavhela and Another v Illing (20111/13044) [2013] ZAGPJHC 188 (22 July 2013)

Manavhela and Another v Illing (20111/13044) [2013] ZAGPJHC 188 (22 July 2013)

The court found that the final and binding agreement between the parties was the version relied upon by the respondent, which included Addendum C and amendments to clause 1.12 providing for interest at R2 390 per month. The evidence, including the testimony of the estate agent and handwriting expert, established that the applicants' initials and signatures on the disputed documents were genuine. The applicants were not entitled to appropriate the full monthly instalment towards the purchase price, but only the capital portion as specified. The respondent did not lawfully cancel the agreement, as he failed to perform his obligations and sought to renegotiate rather than elect cancellation....

Citation
[2013] ZAGPJHC 188
Parties
Applicant: Manavhela, Kwashi Fredda; Applicant: Manavhela, Vhanhangwele; Respondent: Illing, Jamie Kim
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 July 2013
Case Number
20111/13044
Procedural Posture
Civil Application / Trial Judgment
Outcome
Application partly granted; applicants entitled to transfer upon payment of the correct outstanding amount; costs apportioned.
Judges
Spilg
Legal Topics
Alienation of Land Act, Instalment Sale Agreement, Specific Performance, Rectification of Contract, Repudiation, Exception Non Adimpleti Contractus
Land and Property Civil Procedure Commercial and Corporate Alienation of Land Act Instalment Sale Agreement Specific Performance Rectification of Contract Repudiation +1 more

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Parties

Manavhela, Kwashi Fredda

Applicant

Manavhela, Vhanhangwele

Applicant

Illing, Jamie Kim

Respondent

Procedural Posture

Civil Application / Trial Judgment

Legal Issues

  1. 1 Whether the agreement of sale on instalments concluded between the parties provided for interest at R2 390 per annum or per month.
  2. 2 Whether the applicants' initials and signatures on the disputed documents are genuine or forgeries.
  3. 3 Whether the respondent lawfully cancelled the agreement due to alleged repudiation by the applicants.

Ratio Decidendi

The court found that the final and binding agreement between the parties was the version relied upon by the respondent, which included Addendum C and amendments to clause 1.12 providing for interest at R2 390 per month. The evidence, including the testimony of the estate agent and handwriting expert, established that the applicants' initials and signatures on the disputed documents were genuine. The applicants were not entitled to appropriate the full monthly instalment towards the purchase price, but only the capital portion as specified. The respondent did not lawfully cancel the agreement, as he failed to perform his obligations and sought to renegotiate rather than elect cancellation....

Court Disposition

Application partly granted; applicants entitled to transfer upon payment of the correct outstanding amount; costs apportioned.

Orders

  • The documents attached to the applicants' founding affidavit as annexures MA1, 2 and 3 do not constitute the agreement of sale of land on instalments concluded between the parties.
  • The documents attached to the respondent's answering affidavit in the series marked annexure JL1, comprising an agreement of sale of land on instalments together with addenda A, B and C, constitute the terms of the agreement of sale.