Trading CC v Sewpersadh and Another (AR12/2017) [2017] ZAKZPHC 53 (1 December 2017)

Trading CC v Sewpersadh and Another (AR12/2017) [2017] ZAKZPHC 53 (1 December 2017)

The court held that the respondents validly terminated the appellant's right to occupy the property. Clause 3.6 set a deadline for securing or paying the balance of the purchase price, but after that date, the obligation continued and was not otherwise provided for in the agreement. Therefore, clause 11.1 applied, allowing the respondents to give notice to remedy the breach. The agreement permitted service of notices at the domicilium citandi et executandi, and did not restrict delivery to registered post only. Service by the sheriff at the nominated address was valid, and actual receipt was not required. The respondents properly cancelled the agreement after the appellant failed to...

Citation
[2017] ZAKZPHC 53
Parties
Appellant: Phulele 105 Trading CC; Respondent: Gopaul Sewpersadh; Respondent: Roshini Sewpersadh
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
1 December 2017
Case Number
AR 12/2017
Procedural Posture
Civil Appeal / Appeal From Order of Local Division; Full Court Hearing
Outcome
Appeal dismissed with costs.
Judges
Gorven, Van Zÿl, Chili
Legal Topics
Contract Cancellation, Service of Notice, Domicilium Citandi Et Executandi, Specific Performance, Breach of Contract
Land and Property Civil Procedure Contract Cancellation Service of Notice Domicilium Citandi Et Executandi Specific Performance Breach of Contract

Case Brief

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Parties

Phulele 105 Trading CC

Appellant

Gopaul Sewpersadh

Respondent

Roshini Sewpersadh

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Local Division; Full Court Hearing

Legal Issues

  1. 1 Whether the respondents validly terminated the appellant's right to occupy the property under the agreement.
  2. 2 Whether service of notice at the appellant's domicilium citandi et executandi by the sheriff constituted valid notice under the contract.
  3. 3 Whether the respondents were entitled to cancel the agreement and claim vindicatory relief.

Ratio Decidendi

The court held that the respondents validly terminated the appellant's right to occupy the property. Clause 3.6 set a deadline for securing or paying the balance of the purchase price, but after that date, the obligation continued and was not otherwise provided for in the agreement. Therefore, clause 11.1 applied, allowing the respondents to give notice to remedy the breach. The agreement permitted service of notices at the domicilium citandi et executandi, and did not restrict delivery to registered post only. Service by the sheriff at the nominated address was valid, and actual receipt was not required. The respondents properly cancelled the agreement after the appellant failed to...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal.