Van Niekerk and Another v Favel and Another (A3082/05) [2006] ZAGPHC 24; 2006 (4) SA 548 (W) (22 March 2006)

Van Niekerk and Another v Favel and Another (A3082/05) [2006] ZAGPHC 24; 2006 (4) SA 548 (W) (22 March 2006)

The court found that the appellants were in breach of the instalment sale agreement by failing to pay all required instalments and failing to provide proof of insurance and cession of a life policy. The respondents complied with section 19 of the Alienation of Land Act by sending written notice of breach and allowing the statutory 30-day period to lapse before cancellation, with the period calculated from the date of posting to the domicilium address. The letter of demand sufficiently indicated the steps the respondents intended to take, namely invoking clause 26 of the contract. The procedural requirements for eviction under section 4 of the PIE Act were met, as effective notice was...

Citation
[2006] ZAGPHC 24
Parties
Appellant: Adriaan Adam van Niekerk; Appellant: Aletta Magdalena van Niekerk; Respondent: Mac Edward Favel; Respondent: Catherina Petronella Favel
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
22 March 2006
Case Number
A3082/05
Procedural Posture
Civil Appeal / Appeal From Eviction Order in Magistrates' Court
Outcome
Appeal dismissed with costs; eviction order confirmed.
Judges
CJ Claassen, M Jajbhay
Legal Topics
Alienation of Land Act, Eviction Procedure, Contractual Breach, Prevention of Illegal Eviction Act, Statutory Notice Requirements
Land and Property Civil Procedure Alienation of Land Act Eviction Procedure Contractual Breach Prevention of Illegal Eviction Act Statutory Notice Requirements

Case Brief

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Parties

Adriaan Adam van Niekerk

Appellant

Aletta Magdalena van Niekerk

Appellant

Mac Edward Favel

Respondent

Catherina Petronella Favel

Respondent

Procedural Posture

Civil Appeal / Appeal From Eviction Order in Magistrates' Court

Legal Issues

  1. 1 Whether the appellants were in breach of the written instalment sale agreement.
  2. 2 Whether the statutory requirements for notice and cancellation under section 19 of the Alienation of Land Act were complied with.
  3. 3 Whether the procedural requirements for eviction under section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act were satisfied.

Ratio Decidendi

The court found that the appellants were in breach of the instalment sale agreement by failing to pay all required instalments and failing to provide proof of insurance and cession of a life policy. The respondents complied with section 19 of the Alienation of Land Act by sending written notice of breach and allowing the statutory 30-day period to lapse before cancellation, with the period calculated from the date of posting to the domicilium address. The letter of demand sufficiently indicated the steps the respondents intended to take, namely invoking clause 26 of the contract. The procedural requirements for eviction under section 4 of the PIE Act were met, as effective notice was...

Court Disposition

Appeal dismissed with costs; eviction order confirmed.

Orders

  • The appeal is dismissed with costs.
  • The eviction order issued by the magistrates' court is confirmed.