Oosdeel Saalperdstoet 2 (Pty) Ltd v Bernardo and Others (5702/2022) [2023] ZAFSHC 388 (5 October 2023)

Oosdeel Saalperdstoet 2 (Pty) Ltd v Bernardo and Others (5702/2022) [2023] ZAFSHC 388 (5 October 2023)

The court found that the applicant validly cancelled the agreement after the respondents breached material terms by failing to pay occupational rent and provide the required electrical certificate. The respondents were fully aware of the property's condition and negotiated the contract terms, including the voetstoots clause, which precludes claims of misrepresentation. The respondents failed to substantiate their alleged expenses or demonstrate a right of retention, as South African law does not recognise such a lien over rural land. Any claim for compensation for improvements must be pursued after vacating the property. The respondents' continued occupation is unlawful, and their...

Citation
[2023] ZAFSHC 388
Parties
Applicant: Oosdeel Saalperdstoet 2 (Pty) Ltd; Respondent: Jacobus Johannes Bernardo; Respondent: Elizabeth Bernardo; Respondent: Any and All Unidentified Occupiers, occupying Portion 1 and the Remainder of the Farm Meriba 1042, District Bloemfontein, Free State Province; Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 October 2023
Case Number
5702/2022
Procedural Posture
Urgent Application / Eviction Application Under Pie; Opposed Motion; Judgment After Hearing
Outcome
Eviction granted; respondents declared unlawful occupiers and ordered to vacate property; costs awarded against respondents.
Judges
Naidoo
Legal Topics
Prevention of Illegal Eviction Act, Occupational Rent, Voetstoots Clause, Right of Retention, Contract Cancellation, Eviction Proceedings
Land and Property Civil Procedure Prevention of Illegal Eviction Act Occupational Rent Voetstoots Clause Right of Retention Contract Cancellation Eviction Proceedings

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Parties

Oosdeel Saalperdstoet 2 (Pty) Ltd

Applicant

Jacobus Johannes Bernardo

Respondent

Elizabeth Bernardo

Respondent

Any and All Unidentified Occupiers, occupying Portion 1 and the Remainder of the Farm Meriba 1042, District Bloemfontein, Free State Province

Respondent

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Eviction Application Under Pie; Opposed Motion; Judgment After Hearing

Legal Issues

  1. 1 Has the contract between the parties been validly cancelled.
  2. 2 Do the respondents have a right of retention over the property.
  3. 3 Should the respondents be evicted from the property.

Ratio Decidendi

The court found that the applicant validly cancelled the agreement after the respondents breached material terms by failing to pay occupational rent and provide the required electrical certificate. The respondents were fully aware of the property's condition and negotiated the contract terms, including the voetstoots clause, which precludes claims of misrepresentation. The respondents failed to substantiate their alleged expenses or demonstrate a right of retention, as South African law does not recognise such a lien over rural land. Any claim for compensation for improvements must be pursued after vacating the property. The respondents' continued occupation is unlawful, and their...

Court Disposition

Eviction granted; respondents declared unlawful occupiers and ordered to vacate property; costs awarded against respondents.

Orders

  • The first and second respondents are declared unlawful occupiers of Portion 1 and the Remainder of the farm Meriba 1042, district Bloemfontein, Free State Province.
  • The first and second respondents and all persons occupying through them are ordered to vacate the property by no later than 12h00 on 30 November 2023.