Zephan Properties Proprietary Limited v Sabivert Proprietary Limited (695/2016) [2016] ZAECPEHC 66 (4 October 2016)

Zephan Properties Proprietary Limited v Sabivert Proprietary Limited (695/2016) [2016] ZAECPEHC 66 (4 October 2016)

The respondent's right of occupation is founded on the first agreement of sale. However, the agreement is void for failure to comply with section 2(1) of the Alienation of Land Act, as it does not specify the method or dates of payment for the purchase price, and the respondent's contention that payment would be made from rental profits over time is not reflected in the written agreement. Oral evidence to supplement or vary the written terms is inadmissible. The suspensive condition was not strictly fulfilled, and no valid waiver or extension was made in writing. The applicant, as owner, is entitled to reclaim possession, and the respondent has failed to establish a valid right to remain...

Citation
[2016] ZAECPEHC 66
Parties
Applicant: Zephan Properties Proprietary Limited; Respondent: Sabivert Proprietary Limited
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
4 October 2016
Case Number
695/2016
Procedural Posture
Eviction Application / Final Judgment After Opposed Motion
Outcome
Application granted; respondent evicted from the property and ordered to pay costs.
Judges
J W Eksteen
Legal Topics
Eviction, Alienation of Land Act, Suspensive Condition, Instalment Sale, Onus of Occupation
Land and Property Civil Procedure Eviction Alienation of Land Act Suspensive Condition Instalment Sale Onus of Occupation

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Parties

Zephan Properties Proprietary Limited

Applicant

Sabivert Proprietary Limited

Respondent

Procedural Posture

Eviction Application / Final Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the respondent has a valid right to occupy the property owned by the applicant.
  2. 2 Whether the first agreement of sale between the parties is valid and enforceable.
  3. 3 Whether the suspensive condition in the agreement was fulfilled or waived.

Ratio Decidendi

The respondent's right of occupation is founded on the first agreement of sale. However, the agreement is void for failure to comply with section 2(1) of the Alienation of Land Act, as it does not specify the method or dates of payment for the purchase price, and the respondent's contention that payment would be made from rental profits over time is not reflected in the written agreement. Oral evidence to supplement or vary the written terms is inadmissible. The suspensive condition was not strictly fulfilled, and no valid waiver or extension was made in writing. The applicant, as owner, is entitled to reclaim possession, and the respondent has failed to establish a valid right to remain...

Court Disposition

Application granted; respondent evicted from the property and ordered to pay costs.

Orders

  • The respondent is evicted from the NMMU portion of the property known as PE Home Affairs, Nashua House situate on erven 3057, 3058 and 3059 and remaining extent of erf 3087, North End, Reg Div Port Elizabeth RD, Eastern Cape.
  • The respondent is ordered to pay the costs occasioned by the application.