Sharman and Another v Nzimande and Another (6548/2013) [2013] ZAGPJHC 175 (18 July 2013)

Sharman and Another v Nzimande and Another (6548/2013) [2013] ZAGPJHC 175 (18 July 2013)

The court found that the applicants failed to comply with the contractual requirements for valid termination of the sale agreement, specifically regarding the content and period of notice. The purported notices of breach and termination were defective and invalid, resulting in the contract remaining extant until its expiry by affluxion of time. The lease agreement had already expired, and the respondent’s continued occupation was not supported by any valid agreement post 31 March 2011. The respondent’s claim to lawful occupation was rejected, and the applicants, as owners, were entitled to an eviction order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

Citation
[2013] ZAGPJHC 175
Parties
Applicant: Geoffrey Sharman; Applicant: Sarah Sharman; Respondent: Michael Nzimande; Respondent: All Other Occupants of Portion 2 of Erf 926, Fairland
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 July 2013
Case Number
6548/2013
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Eviction order granted in favour of the applicants; costs awarded against the first respondent.
Judges
Mbongwe
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Lease Agreement Termination, Alienation of Land Act, Eviction Procedure
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Lease Agreement Termination Alienation of Land Act Eviction Procedure

Case Brief

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Parties

Geoffrey Sharman

Applicant

Sarah Sharman

Applicant

Michael Nzimande

Respondent

All Other Occupants of Portion 2 of Erf 926, Fairland

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the applicants were entitled to pay the agent’s commission out of the deposit amount.
  2. 2 Whether the lease and sale agreements were validly terminated by the applicants.
  3. 3 Whether the respondent’s occupation of the property is lawful after the expiry of the agreements.

Ratio Decidendi

The court found that the applicants failed to comply with the contractual requirements for valid termination of the sale agreement, specifically regarding the content and period of notice. The purported notices of breach and termination were defective and invalid, resulting in the contract remaining extant until its expiry by affluxion of time. The lease agreement had already expired, and the respondent’s continued occupation was not supported by any valid agreement post 31 March 2011. The respondent’s claim to lawful occupation was rejected, and the applicants, as owners, were entitled to an eviction order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

Court Disposition

Eviction order granted in favour of the applicants; costs awarded against the first respondent.

Orders

  • The first respondent and all persons occupying through him the property described as Portion 2 of Erf 928 Fairlands, also known as No 13 Ohloff Street, Fairlands, are declared unlawful occupiers.
  • The first respondent and such persons are ordered to vacate the property by no later than 31 August 2013, failing which the Sheriff is authorised to evict them and place the applicants in possession.