Van Den Hever and Another v South African National Road Agency Limited and Another (19/2023) [2024] ZANCHC 19 (8 March 2024)

Van Den Hever and Another v South African National Road Agency Limited and Another (19/2023) [2024] ZANCHC 19 (8 March 2024)

The court found that SANRAL failed to provide any explanation for the inordinate delay of six years in effecting transfer of the property, despite repeated indulgences and warnings from the trustees. The absence of an opposing affidavit and lack of justification for the delay amounted to remissness. Although the trust may not have suffered financial prejudice due to interest on the purchase price, the prolonged inconvenience justified the trustees' approach to court. SANRAL's failure to act conscientiously and promptly rendered the application necessary, and it was therefore held liable for the costs of the application.

Citation
[2024] ZANCHC 19
Parties
Applicant: Charles Pieter Van Den Hever N.O.; Applicant: Pieter Marthinus Steyn Strauss N.O.; Respondent: South African National Road Agency Limited; Respondent: Registrar of Deeds, Kimberley
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
8 March 2024
Case Number
19/2023
Procedural Posture
Civil Application / Costs Determination Following Mootness of Main Relief
Outcome
Costs awarded against the first respondent, SANRAL.
Judges
Phatshoane
Legal Topics
Specific Performance, Transfer of Property, Costs Award, Contractual Delay
Civil Procedure Land and Property Specific Performance Transfer of Property Costs Award Contractual Delay

Case Brief

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Parties

Charles Pieter Van Den Hever N.O.

Applicant

Pieter Marthinus Steyn Strauss N.O.

Applicant

South African National Road Agency Limited

Respondent

Registrar of Deeds, Kimberley

Respondent

Procedural Posture

Civil Application / Costs Determination Following Mootness of Main Relief

Legal Issues

  1. 1 Whether the trustees were justified in approaching the court for relief regarding transfer of property.
  2. 2 Who should bear the costs of the application after the main relief became moot due to transfer being finalised.
  3. 3 Whether SANRAL acted unreasonably or caused undue delay in effecting transfer.

Ratio Decidendi

The court found that SANRAL failed to provide any explanation for the inordinate delay of six years in effecting transfer of the property, despite repeated indulgences and warnings from the trustees. The absence of an opposing affidavit and lack of justification for the delay amounted to remissness. Although the trust may not have suffered financial prejudice due to interest on the purchase price, the prolonged inconvenience justified the trustees' approach to court. SANRAL's failure to act conscientiously and promptly rendered the application necessary, and it was therefore held liable for the costs of the application.

Court Disposition

Costs awarded against the first respondent, SANRAL.

Orders

  • The first respondent, the South African National Road Agency Limited, is to pay the costs of the application on party and party scale.