Troger NO and Another v Hunt and Others (2033/2011) [2013] ZANCHC 27 (5 July 2013)

Troger NO and Another v Hunt and Others (2033/2011) [2013] ZANCHC 27 (5 July 2013)

The court found that all grounds for leave to appeal had been adequately addressed in the main judgment. The interpretation of the Subdivision of Agricultural Land Act, 70 of 1970, and the analogy of decided cases enabled the court to contextualize the specific facts and reach a correct decision. The court was not persuaded that there were reasonable prospects that another court would come to a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2013] ZANCHC 27
Parties
Applicant: Christine Elaine Troger; Applicant: Alisa Kaye Cozzens N.O; Respondent: Sydney Reginald Hunt; Respondent: Mark Hugh Hunt; Respondent: Geoffrey Edward Hunt; Respondent: The Master of the Northern Cape High Court, Kimberley; Respondent: The Registrar of Deeds, Kimberley; Respondent: The Registrar of Deeds, Bloemfontein
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
5 July 2013
Case Number
2033/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mamosebo
Legal Topics
Subdivision of Agricultural Land Act, Vesting of Undivided Shares, Fide Commissum, Leave to Appeal Procedure
Land and Property Civil Procedure Subdivision of Agricultural Land Act Vesting of Undivided Shares Fide Commissum Leave to Appeal Procedure

Case Brief

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Parties

Christine Elaine Troger

Applicant

Alisa Kaye Cozzens N.O

Applicant

Sydney Reginald Hunt

Respondent

Mark Hugh Hunt

Respondent

Geoffrey Edward Hunt

Respondent

The Master of the Northern Cape High Court, Kimberley

Respondent

The Registrar of Deeds, Kimberley

Respondent

The Registrar of Deeds, Bloemfontein

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether the undivided shares of agricultural property vest in the first and second respondents.
  2. 2 Whether such vesting is subject to section 3 of the Subdivision of Agricultural Land Act, 70 of 1970.
  3. 3 Whether the terms of the fide commissum are rendered pro non scripto due to the prohibition in the Act.

Ratio Decidendi

The court found that all grounds for leave to appeal had been adequately addressed in the main judgment. The interpretation of the Subdivision of Agricultural Land Act, 70 of 1970, and the analogy of decided cases enabled the court to contextualize the specific facts and reach a correct decision. The court was not persuaded that there were reasonable prospects that another court would come to a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.