Marais and Others v Ahrens and Others (19881/03) [2003] ZAGPHC 16 (26 November 2003)

Marais and Others v Ahrens and Others (19881/03) [2003] ZAGPHC 16 (26 November 2003)

The court found that the respondents were in breach of the written sale agreement by failing to pay occupational interest or rent. The agreement expressly entitled the applicants to cancel in the event of breach, and required any variation or waiver to be in writing. The respondents remained in occupation despite cancellation. The argument of lis pendens was rejected because the subsequent lease was entered into after the application was served and did not create a pending dispute at the relevant time. The applicants were therefore entitled to cancellation of the agreement, eviction of the respondents, and payment of the outstanding sum.

Citation
[2003] ZAGPHC 16
Parties
Applicant: Marais and Others; Respondent: Michel Ahrens and Others
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
26 November 2003
Case Number
19881/03
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted in favour of the applicants.
Judges
Willis
Legal Topics
Cancellation of Sale Agreement, Eviction, Occupational Rent, Non Variation Clause
Land and Property Commercial and Corporate Cancellation of Sale Agreement Eviction Occupational Rent Non Variation Clause

Case Brief

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Parties

Marais and Others

Applicant

Michel Ahrens and Others

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the sale agreement between the parties was validly cancelled by the applicants.
  2. 2 Whether the respondents are liable to pay occupational interest or rent under the agreement.
  3. 3 Whether the respondents are entitled to remain in occupation of Portion 127 after cancellation of the agreement.

Ratio Decidendi

The court found that the respondents were in breach of the written sale agreement by failing to pay occupational interest or rent. The agreement expressly entitled the applicants to cancel in the event of breach, and required any variation or waiver to be in writing. The respondents remained in occupation despite cancellation. The argument of lis pendens was rejected because the subsequent lease was entered into after the application was served and did not create a pending dispute at the relevant time. The applicants were therefore entitled to cancellation of the agreement, eviction of the respondents, and payment of the outstanding sum.

Court Disposition

Application granted in favour of the applicants.

Orders

  • The sale agreement is declared validly cancelled by the applicants.
  • The first respondent is directed to pay the applicants the sum of R160,000 together with interest at 15.5% per annum a tempore morae as set out in the schedule.