McAlpine and Others v Mashishimane Communal Property Ass. and Another (A547/13) [2015] ZAGPPHC 301 (25 March 2015)

McAlpine and Others v Mashishimane Communal Property Ass. and Another (A547/13) [2015] ZAGPPHC 301 (25 March 2015)

The court held that the written agreement, signed by all parties, did not make payment of the balance of the purchase price conditional upon receipt of a State grant. The alleged tacit term was introduced only in the respondent's plea and contradicted the express terms of the agreement, which required payment within a reasonable time. The court found that six months was a reasonable period for payment, and by the time summons was served, this period had elapsed. The failure to provide a list of game and movables did not render the agreement void or unenforceable, as the price and subject matter were sufficiently determined. The obligation to pay was not suspended by the absence of the...

Citation
[2015] ZAGPPHC 301
Parties
Appellant: Gilroy Clements McAlpine; Appellant: Levin Anthony Hirst; Appellant: Arnold Pistorius; Respondent: Mashishimane Communal Property Association; Respondent: Minister of Land Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 March 2015
Case Number
A547/13
Procedural Posture
Civil Appeal / Appeal From Judgment of Ranchod J in the Court a Quo; Appeal Heard and Judgment Delivered
Outcome
Appeal upheld with costs; judgment and order of the court a quo set aside and substituted.
Judges
M F Legodi, C P Rabie, S A M Baqwa
Legal Topics
Sale of Movable Property, Oral and Written Agreement, Enforceability of Contract, Failure to Provide List, Payment Within Reasonable Time
Land and Property Civil Procedure Sale of Movable Property Oral and Written Agreement Enforceability of Contract Failure to Provide List Payment Within Reasonable Time

Case Brief

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Parties

Gilroy Clements McAlpine

Appellant

Levin Anthony Hirst

Appellant

Arnold Pistorius

Appellant

Mashishimane Communal Property Association

Respondent

Minister of Land Affairs

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Ranchod J in the Court a Quo; Appeal Heard and Judgment Delivered

Legal Issues

  1. 1 Whether failure to provide a list of game and movables rendered the agreement void or unenforceable.
  2. 2 Whether payment of the balance of the purchase price was subject to receipt of a State grant.
  3. 3 Whether the first respondent was placed in mora and whether demand for payment was necessary.

Ratio Decidendi

The court held that the written agreement, signed by all parties, did not make payment of the balance of the purchase price conditional upon receipt of a State grant. The alleged tacit term was introduced only in the respondent's plea and contradicted the express terms of the agreement, which required payment within a reasonable time. The court found that six months was a reasonable period for payment, and by the time summons was served, this period had elapsed. The failure to provide a list of game and movables did not render the agreement void or unenforceable, as the price and subject matter were sufficiently determined. The obligation to pay was not suspended by the absence of the...

Court Disposition

Appeal upheld with costs; judgment and order of the court a quo set aside and substituted.

Orders

  • Judgment is granted in the amount of R1 479 005.88.
  • The first defendant is to pay interest on the said amount calculated from the date on which the summons were served to date of payment.