Ragee v QC4 Properties (Pty) Ltd previously known as Protec Properties (Pty) Ltd (51/2019) [2020] ZANWHC 29 (30 April 2020)

Ragee v QC4 Properties (Pty) Ltd previously known as Protec Properties (Pty) Ltd (51/2019) [2020] ZANWHC 29 (30 April 2020)

The court held that the applicant failed to plead a material averment necessary to sustain a valid cause of action, specifically whether a written sale agreement was concluded as required by section 2(1) of the Alienation of Land Act. The written undertaking relied upon by the applicant does not constitute a deed of alienation, and the particulars of claim lack the necessary allegation that the sale agreement was in writing. The first, third, and fourth exceptions were upheld as the pleadings did not disclose sufficient facts to sustain claims for transfer of property or damages based on inducement and breach. The second, fifth, and sixth exceptions were dismissed as they related to...

Citation
[2020] ZANWHC 29
Parties
Applicant: Shafikunnisa Mohamed Ragee; Respondent: QC4 Properties (Pty) Ltd previously known as Protec Properties (Pty) Ltd
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 April 2020
Case Number
51/2019
Procedural Posture
Opposed Motion / Exception to Particulars of Claim
Outcome
The first, third, and fourth exceptions are upheld with costs. The relevant paragraphs of the particulars of claim are struck out. The applicant is granted leave to amend the particulars of claim within thirty days.
Judges
Gura
Legal Topics
Exception to Pleadings, Alienation of Land Act, Contractual Undertaking, Delictual Interference, Damages Calculation
Civil Procedure Land and Property Exception to Pleadings Alienation of Land Act Contractual Undertaking Delictual Interference Damages Calculation

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Parties

Shafikunnisa Mohamed Ragee

Applicant

QC4 Properties (Pty) Ltd previously known as Protec Properties (Pty) Ltd

Respondent

Procedural Posture

Opposed Motion / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim disclose the necessary facts to sustain a cause of action for transfer of immovable property or damages.
  2. 2 Whether the written undertaking relied upon by the applicant constitutes a valid and enforceable agreement under the Alienation of Land Act.
  3. 3 Whether the applicant pleaded sufficient facts regarding inducement and breach by the respondent.

Ratio Decidendi

The court held that the applicant failed to plead a material averment necessary to sustain a valid cause of action, specifically whether a written sale agreement was concluded as required by section 2(1) of the Alienation of Land Act. The written undertaking relied upon by the applicant does not constitute a deed of alienation, and the particulars of claim lack the necessary allegation that the sale agreement was in writing. The first, third, and fourth exceptions were upheld as the pleadings did not disclose sufficient facts to sustain claims for transfer of property or damages based on inducement and breach. The second, fifth, and sixth exceptions were dismissed as they related to...

Court Disposition

The first, third, and fourth exceptions are upheld with costs. The relevant paragraphs of the particulars of claim are struck out. The applicant is granted leave to amend the particulars of claim within thirty days.

Orders

  • The first, third, and fourth exceptions are upheld with costs.
  • The relevant paragraphs of the particulars of claim are struck out.