Propfokus 49 (Pty) Ltd and Others v Wenhandel 4 (Pty) Ltd (103/06) [2007] ZASCA 15; [2007] SCA 15 (RSA);[2007] 3 All SA 18 (SCA) (20 March 2007)

Propfokus 49 (Pty) Ltd and Others v Wenhandel 4 (Pty) Ltd (103/06) [2007] ZASCA 15; [2007] SCA 15 (RSA);[2007] 3 All SA 18 (SCA) (20 March 2007)

The Supreme Court of Appeal held that Wenhandel failed to establish the requirements for rectification of the written agreement. There was no evidence that the written contract, as amended, did not reflect the true and common intention of both parties at the time of its conclusion. The correspondence between the...

Source-derived case information.

Citation
[2007] ZASCA 15
Parties
Appellant: Propfokus 49 (Pty) Limited; Appellant: Thomas Nicholas John Steynberg; Appellant: David Johannes Steynberg; Respondent: Wenhandel 4 (Pty) Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 March 2007
Case Number
103/06
Procedural Posture
Civil Appeal / Appeal From Order of Cape High Court
Outcome
Appeal upheld. High Court order set aside. Application for rectification dismissed with costs.
Judges
Nugent, Van Heerden, Combrinck
Legal Topics
Rectification of Contract, Sale of Land, Interpretation of Contract, Specific Performance
Land and Property Civil Procedure Rectification of Contract Sale of Land Interpretation of Contract Specific Performance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Propfokus 49 (Pty) Limited

Appellant

Thomas Nicholas John Steynberg

Appellant

David Johannes Steynberg

Appellant

Wenhandel 4 (Pty) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Cape High Court

Legal Issues

  1. 1 Whether the written agreement for the sale of land should be rectified to reflect the alleged true intention of the parties.
  2. 2 Whether the requirements for rectification of a contract were met on the evidence.
  3. 3 Whether the respondent was entitled to specific performance under the agreement as rectified.

Ratio Decidendi

The Supreme Court of Appeal held that Wenhandel failed to establish the requirements for rectification of the written agreement. There was no evidence that the written contract, as amended, did not reflect the true and common intention of both parties at the time of its conclusion. The correspondence between the parties prior to litigation did not indicate any dispute regarding the terms or any intention to rectify the agreement. Propfokus consistently maintained that it would only accept two separate title units, not sectional title units, and this was reflected in the amended agreement. Applying the Plascon-Evans rule, the factual disputes were resolved in favour of Propfokus. The High...

Court Disposition

Appeal upheld. High Court order set aside. Application for rectification dismissed with costs.

Orders

  • The appeal is upheld with costs.
  • The order made by the Cape High Court on 8 December 2005 is set aside and substituted with: 'The application is dismissed with costs.'