Van Deventer v Van Deventer and Another (88/06) [2006] ZASCA 116; [2007] 3 All SA 236 (SCA) (24 November 2006)

Van Deventer v Van Deventer and Another (88/06) [2006] ZASCA 116; [2007] 3 All SA 236 (SCA) (24 November 2006)

The Supreme Court of Appeal held that the testamentary condition does not require the Land Bank itself to perform the valuation. The testators intended the price to be determined according to the value that would be attributed to the property if it were being valued by the Land Bank, using its criteria. Any competent valuer with knowledge of those criteria can determine the value. The impossibility argument fails because the condition is capable of being fulfilled. The alternative claim, seeking a declaration that the Land Bank valuation refers to market value, was dismissed as irrelevant. The appeal was dismissed with costs.

Citation
[2006] ZASCA 116
Parties
Appellant: Van Deventer, J J; Respondent: Van Deventer, C W J; Respondent: Cronje, W A
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 November 2006
Case Number
88/06
Procedural Posture
Civil Appeal / Appeal From High Court, Pretoria
Outcome
Appeal dismissed with costs.
Judges
Zulman, Farlam, Nugent, Mlambo, Malan
Legal Topics
Will Interpretation, Right of Pre Emption, Land Bank Valuation, Testamentary Conditions
Land and Property Will Interpretation Right of Pre Emption Land Bank Valuation Testamentary Conditions

Case Brief

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Parties

Van Deventer, J J

Appellant

Van Deventer, C W J

Respondent

Cronje, W A

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Pretoria

Legal Issues

  1. 1 Does the testamentary condition requiring sale at 'Land Bank valuation' render the condition impossible to fulfill if the Land Bank declines to value the property?
  2. 2 Is the condition invalid and to be disregarded due to impossibility?
  3. 3 Does 'Land Bank valuation' require the Land Bank itself to determine the price, or can it be determined by any competent valuer using Land Bank criteria?

Ratio Decidendi

The Supreme Court of Appeal held that the testamentary condition does not require the Land Bank itself to perform the valuation. The testators intended the price to be determined according to the value that would be attributed to the property if it were being valued by the Land Bank, using its criteria. Any competent valuer with knowledge of those criteria can determine the value. The impossibility argument fails because the condition is capable of being fulfilled. The alternative claim, seeking a declaration that the Land Bank valuation refers to market value, was dismissed as irrelevant. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.