Slabbert and Others v Slabbert and Others (A55/2011) [2011] ZAFSHC 165 (20 October 2011)

Slabbert and Others v Slabbert and Others (A55/2011) [2011] ZAFSHC 165 (20 October 2011)

The court found that the sale agreement of 16 December 2002 did not comply with section 2(1) of the Alienation of Land Act 68 of 1981, as it failed to stipulate the time for payment of the purchase price in writing. The handwritten words 'soos ooreengekom' indicated that the parties had reached agreement on the time of payment but had not recorded it in writing, rendering the contract unenforceable. The court further held that section 15(2)(g) of the Matrimonial Property Act 88 of 1984 was not applicable, as the transaction was a cash sale and not a contract as defined by the Alienation of Land Act. On the issue of knowledge, the court found that the respondents had failed to prove that...

Citation
[2011] ZAFSHC 165
Parties
Appellant: Louisa Johanna Slabbert; Appellant: Stephanus Jacobus van Wyngaard; Appellant: Chantell van Wyngaard; Respondent: Stephanus Jacobus Slabbert; Respondent: Elizabeth Maria Slabbert; Respondent: Registrar of Deeds
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 October 2011
Case Number
A55/2011
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal upheld; trial court orders set aside and substituted.
Judges
Ebrahim, Van der Merwe, Mathebula
Legal Topics
Alienation of Land Act, Formalities of Contracts, Double Sale of Immovable Property, Doctrine of Notice
Land and Property Civil Procedure Alienation of Land Act Formalities of Contracts Double Sale of Immovable Property Doctrine of Notice

Case Brief

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Parties

Louisa Johanna Slabbert

Appellant

Stephanus Jacobus van Wyngaard

Appellant

Chantell van Wyngaard

Appellant

Stephanus Jacobus Slabbert

Respondent

Elizabeth Maria Slabbert

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the sale agreement of 16 December 2002 complied with section 2(1) of the Alienation of Land Act 68 of 1981.
  2. 2 Whether the absence of a stipulated time for payment of the purchase price rendered the contract unenforceable.
  3. 3 Whether the second and third appellants had actual knowledge of the prior sale agreement.

Ratio Decidendi

The court found that the sale agreement of 16 December 2002 did not comply with section 2(1) of the Alienation of Land Act 68 of 1981, as it failed to stipulate the time for payment of the purchase price in writing. The handwritten words 'soos ooreengekom' indicated that the parties had reached agreement on the time of payment but had not recorded it in writing, rendering the contract unenforceable. The court further held that section 15(2)(g) of the Matrimonial Property Act 88 of 1984 was not applicable, as the transaction was a cash sale and not a contract as defined by the Alienation of Land Act. On the issue of knowledge, the court found that the respondents had failed to prove that...

Court Disposition

Appeal upheld; trial court orders set aside and substituted.

Orders

  • The appeal succeeds with costs.
  • It is declared that the plaintiffs are not entitled to transfer of the farm Ventersbloem 934, Brandfort from the second and third defendants.