Sokanyile and Another v Fiphaza and Others (86/2008) [2008] ZAECHC 164 (11 September 2008)

Sokanyile and Another v Fiphaza and Others (86/2008) [2008] ZAECHC 164 (11 September 2008)

The court found that the applicants furnished a valid guarantee for the purchase price by delivering the Standard Bank home loan approval letter to the seller's attorney within the stipulated period. The conduct of the seller's attorney, including placing the applicants in possession of the property and accepting subsequent contractual performances, indicated acceptance of the guarantee. The seller never placed the applicants in mora, never cancelled the contract by registered letter, and continued to act in accordance with the Deed of Sale. The court held that the Deed of Sale was not validly terminated and remains of full force and effect. The applicants are entitled to specific...

Citation
[2008] ZAECHC 164
Parties
Applicant: Malizole Joseph Sokanyile; Applicant: Nokwakhwa Kholeka Sokanyile; Respondent: Thandi Jostina Fiphaza; Respondent: Registrar of Deeds, Mthatha; Respondent: Messrs Z.M. Nhlangulela Inc.
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
11 September 2008
Case Number
86/2008
Procedural Posture
Urgent Application / Opposed Application for Final Interdict and Mandamus
Outcome
Application granted. The rule nisi is confirmed with costs.
Judges
Dilizo
Legal Topics
Specific Performance, Sale of Immovable Property, Contractual Guarantee, Interdict, Breach of Contract
Land and Property Civil Procedure Specific Performance Sale of Immovable Property Contractual Guarantee Interdict Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Malizole Joseph Sokanyile

Applicant

Nokwakhwa Kholeka Sokanyile

Applicant

Thandi Jostina Fiphaza

Respondent

Registrar of Deeds, Mthatha

Respondent

Messrs Z.M. Nhlangulela Inc.

Respondent

Procedural Posture

Urgent Application / Opposed Application for Final Interdict and Mandamus

Legal Issues

  1. 1 Whether the applicants furnished a valid guarantee for the purchase price to the satisfaction of the seller's attorneys within the period stipulated in the Deed of Sale.
  2. 2 Whether the Deed of Sale lapsed due to non-performance by the applicants under the special conditions clause.
  3. 3 Whether the seller was entitled to repudiate or cancel the Deed of Sale.

Ratio Decidendi

The court found that the applicants furnished a valid guarantee for the purchase price by delivering the Standard Bank home loan approval letter to the seller's attorney within the stipulated period. The conduct of the seller's attorney, including placing the applicants in possession of the property and accepting subsequent contractual performances, indicated acceptance of the guarantee. The seller never placed the applicants in mora, never cancelled the contract by registered letter, and continued to act in accordance with the Deed of Sale. The court held that the Deed of Sale was not validly terminated and remains of full force and effect. The applicants are entitled to specific...

Court Disposition

Application granted. The rule nisi is confirmed with costs.

Orders

  • The rule nisi granted on 30 January 2008 is confirmed with costs.
  • The first respondent and anyone acting on her behalf is interdicted and restrained from selling or disposing of Erf 3962, Mthatha to any person other than the applicants until the dispute is settled.