Mokgohloa and Another v Xue and Others (73989/09) [2012] ZAGPPHC 245 (2 November 2012)

Mokgohloa and Another v Xue and Others (73989/09) [2012] ZAGPPHC 245 (2 November 2012)

The court found that the applicants lacked locus standi to seek eviction as they were not the registered owners of the property, which remained in the name of Bela-Bela Municipality. The suspensive condition in the sale agreement was not fulfilled, but the applicants themselves failed to take necessary steps to transfer the property into their own names, thereby causing the non-fulfilment. The court held that a party cannot rely on a suspensive condition that they themselves prevented from being fulfilled. The application was dismissed with costs.

Citation
[2012] ZAGPPHC 245
Parties
Applicant: Mmakau Albert Mokgohloa and Another; Respondent: Ming Pam Xue; Respondent: Dred Maria Xue; Respondent: Bela-Bela Municipality; Respondent: Herman Oberholzer Attorneys
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 November 2012
Case Number
73989/09
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Judges
Mabena
Legal Topics
Sale of Immovable Property, Suspensive Condition, Locus Standi, Eviction, Contract Cancellation
Land and Property Commercial and Corporate Sale of Immovable Property Suspensive Condition Locus Standi Eviction Contract Cancellation

Case Brief

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Parties

Mmakau Albert Mokgohloa and Another

Applicant

Ming Pam Xue

Respondent

Dred Maria Xue

Respondent

Bela-Bela Municipality

Respondent

Herman Oberholzer Attorneys

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to cancel the sale agreement and evict the respondents from the property.
  2. 2 Whether the suspensive condition in the sale agreement was fulfilled or not.
  3. 3 Whether the applicants have locus standi to seek eviction when they are not the registered owners of the property.

Ratio Decidendi

The court found that the applicants lacked locus standi to seek eviction as they were not the registered owners of the property, which remained in the name of Bela-Bela Municipality. The suspensive condition in the sale agreement was not fulfilled, but the applicants themselves failed to take necessary steps to transfer the property into their own names, thereby causing the non-fulfilment. The court held that a party cannot rely on a suspensive condition that they themselves prevented from being fulfilled. The application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.