Van Reenen and Another v Van Reenen and Others (9071/07) [2011] ZAWCHC 22 (22 February 2011)

Van Reenen and Another v Van Reenen and Others (9071/07) [2011] ZAWCHC 22 (22 February 2011)

The court held that the applicants' claim to the respondents' undivided half-share in the property constitutes a 'debt' under section 10(1) of the Prescription Act. As the agreement was concluded in 1982 and no date for performance was stipulated, the obligation to transfer arose forthwith or within a reasonable time. Transfer of the property was effected in 1986, and a reasonable period for implementation had elapsed. Therefore, any claim based on the agreement has prescribed. The court further found that the agreement complied with section 2(1) of the Alienation of Land Act, as at the time of its conclusion, the marital power allowed the first applicant and first respondent to act as...

Citation
[2011] ZAWCHC 22
Parties
Applicant: Reginald Charles Van Reenen; Applicant: Pearl Jean Van Reenen; Respondent: Ferrol Walles Van Reenen; Respondent: Mary Miriam Van Reenen; Respondent: Registrar of Deeds, Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 February 2011
Case Number
9071/07
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed; no order as to costs.
Judges
Schippers AJ
Legal Topics
Prescription, Alienation of Land Act, Redistribution Agreement, Transfer of Property, Marital Power
Land and Property Civil Procedure Prescription Alienation of Land Act Redistribution Agreement Transfer of Property Marital Power

Case Brief

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Parties

Reginald Charles Van Reenen

Applicant

Pearl Jean Van Reenen

Applicant

Ferrol Walles Van Reenen

Respondent

Mary Miriam Van Reenen

Respondent

Registrar of Deeds, Cape Town

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicants' claim to the respondents' undivided half-share in the property has prescribed under the Prescription Act.
  2. 2 Whether the written agreement for the sale of the property complies with section 2(1) of the Alienation of Land Act.
  3. 3 Whether the applicants are entitled to registration of transfer of the property into their names.

Ratio Decidendi

The court held that the applicants' claim to the respondents' undivided half-share in the property constitutes a 'debt' under section 10(1) of the Prescription Act. As the agreement was concluded in 1982 and no date for performance was stipulated, the obligation to transfer arose forthwith or within a reasonable time. Transfer of the property was effected in 1986, and a reasonable period for implementation had elapsed. Therefore, any claim based on the agreement has prescribed. The court further found that the agreement complied with section 2(1) of the Alienation of Land Act, as at the time of its conclusion, the marital power allowed the first applicant and first respondent to act as...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.