Visser NO en 2 Anders v Visser en Ander (2029/2012) [2012] ZAFSHC 120 (21 June 2012)

Visser NO en 2 Anders v Visser en Ander (2029/2012) [2012] ZAFSHC 120 (21 June 2012)

The applicants failed to comply with the contractual procedure for determining occupational rent, as they did not act in good faith nor notify the respondent of the appointment of the valuer. The contract required the parties to attempt to agree on the rent in writing and, failing agreement, to each appoint a valuer and notify the other party. The applicants did not attempt to reach agreement and unilaterally appointed a valuer without notification. The respondent subsequently obtained a revised valuation from the same valuer, who replaced his earlier valuation. The court found that only the revised valuation was relevant, and the respondent paid rent in accordance with it. There was no...

Citation
[2012] ZAFSHC 120
Parties
Applicant: Regina Catharina Visser N.O.; Applicant: Carolina Magrieta Neser N.O.; Applicant: Johan George Steenkamp N.O.; Respondent: Gert Petrus Visser; Respondent: Kopanong Munisipaliteit
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 June 2012
Case Number
2029/2012
Procedural Posture
Urgent Application / Application for Declaratory and Eviction Orders
Outcome
Application dismissed with costs.
Judges
Snellenburg
Legal Topics
Eviction, Contract Interpretation, Occupational Rent, Trusteeship, Specific Performance
Land and Property Civil Procedure Eviction Contract Interpretation Occupational Rent Trusteeship Specific Performance

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Parties

Regina Catharina Visser N.O.

Applicant

Carolina Magrieta Neser N.O.

Applicant

Johan George Steenkamp N.O.

Applicant

Gert Petrus Visser

Respondent

Kopanong Munisipaliteit

Respondent

Procedural Posture

Urgent Application / Application for Declaratory and Eviction Orders

Legal Issues

  1. 1 Whether the sale agreement between the late Thomas Cornelius Visser and the first respondent was validly cancelled.
  2. 2 Whether the first respondent is in unlawful occupation of the property and liable to be evicted.
  3. 3 Whether the applicants complied with the contractual procedure for determining occupational rent.

Ratio Decidendi

The applicants failed to comply with the contractual procedure for determining occupational rent, as they did not act in good faith nor notify the respondent of the appointment of the valuer. The contract required the parties to attempt to agree on the rent in writing and, failing agreement, to each appoint a valuer and notify the other party. The applicants did not attempt to reach agreement and unilaterally appointed a valuer without notification. The respondent subsequently obtained a revised valuation from the same valuer, who replaced his earlier valuation. The court found that only the revised valuation was relevant, and the respondent paid rent in accordance with it. There was no...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the application.