Visvanathan and Another v Provincial Department of Housing for the Province of Kwazulu-Natal and Another (11184/2008) [2009] ZAKZPHC 59 (18 September 2009)

Visvanathan and Another v Provincial Department of Housing for the Province of Kwazulu-Natal and Another (11184/2008) [2009] ZAKZPHC 59 (18 September 2009)

The Applicants breached the sale agreement by letting the property without the First Respondent’s written consent and by failing to pay instalments. The First Respondent gave proper notice of breach and cancellation at the chosen domicilium, as required by the agreement. The Applicants’ arguments regarding non-compliance with the Alienation of Land Act and National Credit Act are unfounded, as those provisions do not apply to this transaction. New grounds for relief raised in reply are inadmissible. The cancellation of the agreement by the First Respondent was valid and effective, and the Applicants’ application must fail.

Citation
[2009] ZAKZPHC 59
Parties
Applicant: Rugin Visvanathan; Applicant: Avasha Visvanathan; Respondent: Provincial Department of Housing for the Province of Kwazulu-Natal; Respondent: Registrar of Deeds for the Province of Kwazulu-Natal
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
18 September 2009
Case Number
11184/2008
Procedural Posture
Civil Application / Return Date of Rule Nisi; Final Determination of Interim Interdict
Outcome
Application dismissed; rule nisi discharged with costs.
Judges
Sishi
Legal Topics
Instalment Sale Agreement, Breach of Contract, Alienation of Land Act, National Credit Act Compliance, Interdict, Service at Domicilium
Land and Property Civil Procedure Instalment Sale Agreement Breach of Contract Alienation of Land Act National Credit Act Compliance Interdict Service at Domicilium

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Parties

Rugin Visvanathan

Applicant

Avasha Visvanathan

Applicant

Provincial Department of Housing for the Province of Kwazulu-Natal

Respondent

Registrar of Deeds for the Province of Kwazulu-Natal

Respondent

Procedural Posture

Civil Application / Return Date of Rule Nisi; Final Determination of Interim Interdict

Legal Issues

  1. 1 Whether the cancellation of the instalment sale agreement by the First Respondent was valid and effective.
  2. 2 Whether the Applicants breached clauses 5.1 and 14.2 of the sale agreement by failing to pay instalments and by letting the property without consent.
  3. 3 Whether the cancellation notice complied with statutory and contractual requirements, including service at the chosen domicilium.

Ratio Decidendi

The Applicants breached the sale agreement by letting the property without the First Respondent’s written consent and by failing to pay instalments. The First Respondent gave proper notice of breach and cancellation at the chosen domicilium, as required by the agreement. The Applicants’ arguments regarding non-compliance with the Alienation of Land Act and National Credit Act are unfounded, as those provisions do not apply to this transaction. New grounds for relief raised in reply are inadmissible. The cancellation of the agreement by the First Respondent was valid and effective, and the Applicants’ application must fail.

Court Disposition

Application dismissed; rule nisi discharged with costs.

Orders

  • The rule issued by this court on 15 September 2008 is discharged with costs.