Remhoogte CC and Others v The Jacob Durr Trust and Others (A23/2020) [2021] ZAMPMHC 14 (8 April 2021)

Remhoogte CC and Others v The Jacob Durr Trust and Others (A23/2020) [2021] ZAMPMHC 14 (8 April 2021)

The court held that the oral agreement for the sale of the farm was void for non-compliance with the Alienation of Land Act, and thus the cattle delivered as deposit must be returned. The principle of accession dictates that the owner of the mother is entitled to the offspring born after delivery. The rigid application of the litis contestatio principle, limiting Remhoogte's claim to offspring born only after the institution of proceedings, results in arbitrary deprivation of property and unjust enrichment of the respondents, contrary to section 25 and the interests of justice under section 173 of the Constitution. The respondents, including Calicom, were not bona fide possessors, given...

Citation
[2021] ZAMPMHC 14
Parties
Appellant: Remhoogte CC; Appellant: Leon Renier van Tonder; Appellant: Leon Renier van Tonder N.O.; Appellant: Corne van Tonder N.O.; Appellant: Wouter van der Merwe N.O.; Respondent: The Jacob Durr Trust (IT 5808/1997); Respondent: Jacob Durr; Respondent: Calicom Trading 38 CC
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
8 April 2021
Case Number
A23/2020
Procedural Posture
Civil Appeal / Appeal From Order of Court a Quo
Outcome
Appeal upheld with costs. The order of the court a quo is set aside and substituted.
Judges
Legodi JP, Barnardt AJ, Bam AJ
Legal Topics
Alienation of Land Act, Rei Vindicatio, Accession of Property, Unjustified Enrichment, Constitutional Property Rights, Bona Fide Possession
Land and Property Civil Procedure Commercial and Corporate Alienation of Land Act Rei Vindicatio Accession of Property Unjustified Enrichment Constitutional Property Rights +1 more

Case Brief

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Parties

Remhoogte CC

Appellant

Leon Renier van Tonder

Appellant

Leon Renier van Tonder N.O.

Appellant

Corne van Tonder N.O.

Appellant

Wouter van der Merwe N.O.

Appellant

The Jacob Durr Trust (IT 5808/1997)

Respondent

Jacob Durr

Respondent

Calicom Trading 38 CC

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Court a Quo

Legal Issues

  1. 1 Whether the oral sale agreement for the farm and cattle deposit complied with the Alienation of Land Act and was enforceable.
  2. 2 Whether Remhoogte CC is entitled to the return of all offspring born of the delivered cattle, or only those born after the institution of proceedings.
  3. 3 Whether the application of Roman-Dutch law principles regarding accession and bona fide possession is consistent with the Constitution and interests of justice.

Ratio Decidendi

The court held that the oral agreement for the sale of the farm was void for non-compliance with the Alienation of Land Act, and thus the cattle delivered as deposit must be returned. The principle of accession dictates that the owner of the mother is entitled to the offspring born after delivery. The rigid application of the litis contestatio principle, limiting Remhoogte's claim to offspring born only after the institution of proceedings, results in arbitrary deprivation of property and unjust enrichment of the respondents, contrary to section 25 and the interests of justice under section 173 of the Constitution. The respondents, including Calicom, were not bona fide possessors, given...

Court Disposition

Appeal upheld with costs. The order of the court a quo is set aside and substituted.

Orders

  • The respondents are ordered to forthwith return all of Remhoogte's cattle delivered on 27 June 2019, 3 July 2019, 19 July 2019, 28 August 2019, and 16 September 2019, identifiable by the markings given by Remhoogte before delivery, and all offspring born out of these cattle upon delivery to Durr Trust, Jacob Durr,...
  • The respondents are to pay the costs of the application.