Opperman v Stanley and Another (19539/2008) [2010] ZAGPPHC 221 (9 December 2010)

Opperman v Stanley and Another (19539/2008) [2010] ZAGPPHC 221 (9 December 2010)

The court found that the weighbridge and augers, although substantial, were capable of removal without causing irreparable damage to the property. The evidence showed that the intention behind their installation was not to make them permanent fixtures. The lease agreement required improvements to become part of the property only if they were fixed and intended to be permanent. Since the items could be removed and the first defendant did not intend permanent annexation, accessio did not apply. Therefore, the plaintiff was not entitled to a declaratory order that the improvements formed part of his immovable property.

Citation
[2010] ZAGPPHC 221
Parties
Plaintiff: Jacobus Johannes Opperman; Defendant: Gavin Llewelyn Stanley; Defendant: Libra Measuring Instruments (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 December 2010
Case Number
19539/2008
Procedural Posture
Civil Trial / First Instance
Outcome
Plaintiff's action dismissed with costs.
Judges
Makgoba
Legal Topics
Accessio, Fixtures and Improvements, Lease Agreement Interpretation
Land and Property Civil Procedure Accessio Fixtures and Improvements Lease Agreement Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Jacobus Johannes Opperman

Plaintiff

Gavin Llewelyn Stanley

Defendant

Libra Measuring Instruments (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / First Instance

Legal Issues

  1. 1 Whether the weighbridge and augers installed by the first defendant on the plaintiff's farm became permanent fixtures through accessio.
  2. 2 Whether clause 3.3 of the lease agreement applies, making the improvements part of the property and denying the first defendant compensation or removal rights.

Ratio Decidendi

The court found that the weighbridge and augers, although substantial, were capable of removal without causing irreparable damage to the property. The evidence showed that the intention behind their installation was not to make them permanent fixtures. The lease agreement required improvements to become part of the property only if they were fixed and intended to be permanent. Since the items could be removed and the first defendant did not intend permanent annexation, accessio did not apply. Therefore, the plaintiff was not entitled to a declaratory order that the improvements formed part of his immovable property.

Court Disposition

Plaintiff's action dismissed with costs.

Orders

  • The plaintiff's action is dismissed with costs.