V and Another v Coetzee (35029/2014) [2015] ZAGPJHC 102 (5 June 2015)

V and Another v Coetzee (35029/2014) [2015] ZAGPJHC 102 (5 June 2015)

The court found that the respondent breached the instalment sale agreement by failing to pay monthly instalments for a significant period. The applicants complied with the contractual procedure for cancellation by issuing a letter of demand and subsequently cancelling the agreement when the breach was not remedied. The respondent's points in limine, based on sections 7, 20, and 26 of the Alienation of Land Act, were dismissed as those sections apply only to residential property, whereas the property in question is industrial. Section 26 does not invalidate the agreement even if contravened. The respondent's entitlement to transfer under section 27(1) was not automatic; he bore the onus to...

Citation
[2015] ZAGPJHC 102
Parties
Applicant: [M……..] [P………] [V………]; Applicant: [J………] [G…….][M…….][V………]; Respondent: Gerrit Lodewikus Coetzee
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 June 2015
Case Number
35029/2014
Procedural Posture
Eviction Application / Judgment
Outcome
Application granted; respondent and all those occupying through him are evicted from the property.
Judges
M A Makume
Legal Topics
Alienation of Land Act, Eviction, Instalment Sale Agreement, Contract Cancellation
Land and Property Civil Procedure Alienation of Land Act Eviction Instalment Sale Agreement Contract Cancellation

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 5 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

[M……..] [P………] [V………]

Applicant

[J………] [G…….][M…….][V………]

Applicant

Gerrit Lodewikus Coetzee

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the respondent is in unlawful occupation of the property following cancellation of the sale agreement.
  2. 2 Whether the applicants complied with the Alienation of Land Act in cancelling the agreement.
  3. 3 Whether the respondent is entitled to transfer of the property under section 27(1) of the Alienation of Land Act.

Ratio Decidendi

The court found that the respondent breached the instalment sale agreement by failing to pay monthly instalments for a significant period. The applicants complied with the contractual procedure for cancellation by issuing a letter of demand and subsequently cancelling the agreement when the breach was not remedied. The respondent's points in limine, based on sections 7, 20, and 26 of the Alienation of Land Act, were dismissed as those sections apply only to residential property, whereas the property in question is industrial. Section 26 does not invalidate the agreement even if contravened. The respondent's entitlement to transfer under section 27(1) was not automatic; he bore the onus to...

Court Disposition

Application granted; respondent and all those occupying through him are evicted from the property.

Orders

  • The respondent and all those occupying by, through or under him are evicted from PTN 1 of Erf 1………. V………, Ext 6 Registration Division I.R. Province of Gauteng.
  • If the respondent or occupants refuse to vacate, the Sheriff is authorised to evict them forthwith.