Mcapline and Others v Mashishimane Community Property Association and Another (2009/59675) [2012] ZAGPPHC 351 (6 December 2012)

Mcapline and Others v Mashishimane Community Property Association and Another (2009/59675) [2012] ZAGPPHC 351 (6 December 2012)

The court found that, although the agreement did not expressly state that payment for the game and movables was subject to the CPA obtaining a state grant and the finalisation of a business plan, the surrounding circumstances and conduct of the parties indicated that such a tacit term should be imputed. The negotiations and correspondence were directed to the Land Claims Commissioner, who financed the purchase of the immovable property, and it was clear that the CPA, a rural community, lacked the funds to pay the purchase price without a state grant. The court held that the payment obligation was delayed until the business plan was prepared and the state grant obtained. The plaintiffs...

Citation
[2012] ZAGPPHC 351
Parties
Plaintiff: Gilroy Clements Mcapline; Plaintiff: Kevin Anthony Hirst; Plaintiff: Arnold Pistorius; Defendant: Mashishimane Community Property Association; Defendant: Minister of Land Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 December 2012
Case Number
2009/59675
Procedural Posture
Civil Trial / Judgment
Outcome
Absolution from the instance with costs granted in favour of the defendants.
Judges
Ranchod
Legal Topics
Contractual Tacit Terms, Sale of Movable Property, Absolution From the Instance, Joinder of Parties
Land and Property Civil Procedure Contractual Tacit Terms Sale of Movable Property Absolution From the Instance Joinder of Parties

Case Brief

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Parties

Gilroy Clements Mcapline

Plaintiff

Kevin Anthony Hirst

Plaintiff

Arnold Pistorius

Plaintiff

Mashishimane Community Property Association

Defendant

Minister of Land Affairs

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the agreement between Gamevest and the CPA included a tacit term that payment for game and movables was subject to the CPA obtaining a state grant.
  2. 2 Whether Gamevest complied with its obligation to provide a list of game and movables within three days.
  3. 3 Whether Gamevest accounted for running expenses for May 2007 as required by the agreement.

Ratio Decidendi

The court found that, although the agreement did not expressly state that payment for the game and movables was subject to the CPA obtaining a state grant and the finalisation of a business plan, the surrounding circumstances and conduct of the parties indicated that such a tacit term should be imputed. The negotiations and correspondence were directed to the Land Claims Commissioner, who financed the purchase of the immovable property, and it was clear that the CPA, a rural community, lacked the funds to pay the purchase price without a state grant. The court held that the payment obligation was delayed until the business plan was prepared and the state grant obtained. The plaintiffs...

Court Disposition

Absolution from the instance with costs granted in favour of the defendants.

Orders

  • Absolution from the instance is granted.
  • Plaintiffs are ordered to pay the costs of suit.