South Africa Case Law

Vorster and Others v Vorster and Others (CA366/2011)

Vorster and Others v Vorster and Others (CA366/2011) [2013] ZAECGHC 1 (10 January 2013)

Court

Eastern Cape High Court, Grahamstown

Case number

CA366/2011

Judges

N Dambuza, D Chetty, N G Beshe

The court held that the sale agreement, when read as a whole, sufficiently described the subject matter as a 1/3 undivided share in the property, satisfying the requirements of section 2 of the Alienation of Land Act. Clause 18 of the agreement clarified the intention of the parties and the context of the sale. The court found that co-owners have an unrestricted right to alienate their share in property, and the respondents' claim under actio communi dividundo did not entitle them to block the sale or dictate the terms. The respondents were given a right of first refusal, which they declined,…

Source excerpt

• Alienation Of Land Act
• Undivided Shares
• Co Ownership
• Actio Communi Dividundo
• Urgent Interdict
• Description Of Property

Van Aardt v Galway (923/10)

Van Aardt v Galway (923/10) [2011] ZASCA 201; 2012 (2) SA 312 (SCA); [2012] 2 All SA 78 (SCA) (24 November 2011)

Court

Supreme Court of Appeal

Case number

923/10

Judges

Ponnan, Shongwe, Wallis

The Supreme Court of Appeal held that an option to buy a farm was valid, the property description was adequate, and the appeal against transfer succeeded.

• Alienation Of Land Act
• Rectification Of Contract
• Option To Purchase
• Description Of Property
• Vat On Property Sale
• Alienation-of-land-act

Stellenbosch Wine & Country Estate (Pty) Ltd v SAFAMCO Enterprises (Pty) Ltd (10078/08)

Stellenbosch Wine & Country Estate (Pty) Ltd v SAFAMCO Enterprises (Pty) Ltd (10078/08) [2010] ZAWCHC 599 (3 December 2010)

Court

Western Cape High Court, Cape Town

Case number

10078/08

Judge

Cloete

The court dismissed an exception to a land-sale claim, holding that the seller’s identity was clear and the property description was sufficient, with rectification possible.

• Alienation Of Land Act
• Rectification Of Contract
• Description Of Property
• Cause Of Action
• Contractual Interpretation
• Alienation-of-land-act

Exdev (Pty) Ltd and Another v Pekudei Investments (Pty) Ltd (97/10)

Exdev (Pty) Ltd and Another v Pekudei Investments (Pty) Ltd (97/10) [2010] ZASCA 170; 2011 (2) SA 282 (SCA) ; [2011] 2 All SA 371 (SCA) (1 December 2010)

Court

Supreme Court of Appeal

Case number

97/10

Judges

Heher, Cachalia, Leach, R Pillay, Ebrahim

The Supreme Court of Appeal held that the sale and option agreements in clause 3 of the contract were separate, divisible, and independent. The sale of the office unit was valid and enforceable, as the essential characteristics—size and number of parking bays—were specified, and the seller's discretion over shape and location did not render the description too vague. The court applied established principles that a property need not be described with meticulous accuracy, and that subsequent selection or determination by one party is permissible if the essential features are agreed. The excepti…

Source excerpt

• Alienation Of Land Act
• Sale Of Immovable Property
• Contract Divisibility
• Exception Procedure
• Description Of Property
• Option Contracts

Lombaard v Droprop CC and Others (377/09)

Lombaard v Droprop CC and Others (377/09) [2010] ZASCA 86; 2010 (5) SA 1 (SCA) ; [2010] 4 All SA 229 (SCA) (31 May 2010)

Court

Supreme Court of Appeal

Case number

377/09

Judges

NAVSA, HEHER, MHLANTLA, MALAN, SHONGWE

The majority (Navsa and Malan JJA, Mhlantla JA concurring) held that the description of the property in the lease and sale agreement was sufficient to comply with section 2(1) of the Alienation of Land Act. However, the appellant failed to engage with the respondents' detailed factual allegations that the written agreement did not reflect the true intention of the parties and did not seek referral to oral evidence at the appropriate stage. Applying the Plascon-Evans rule, the court found that the probabilities favoured the respondents and that the appellant's application was bound to fail. Th…

Source excerpt

• Alienation Of Land Act
• Rectification Of Contract
• Motion Proceedings
• Description Of Property
• Dispute Of Fact
• Referral To Evidence

J R 209 Investments (Pty) Ltd and Another v Pine Villa Country Estate (Pty) Ltd, Pine Villa Estates (Pty) Ltd v J R 209 Investments (Pty) Ltd (617/07, 2/08)

J R 209 Investments (Pty) Ltd and Another v Pine Villa Country Estate (Pty) Ltd, Pine Villa Estates (Pty) Ltd v J R 209 Investments (Pty) Ltd (617/07, 2/08) [2009] ZASCA 3; 2009 (4) SA 302 (SCA) ; [2009] 3 All SA 32 (SCA) (26 February 2009)

Court

Supreme Court of Appeal

Case number

617/07, 2/08

Judges

Harms, Ponnan, Cachalia, Leach, Mhlantla

The Supreme Court of Appeal held that the deed of sale sufficiently described the property to comply with section 2(1) of the Alienation of Land Act. The contract envisaged the purchaser determining the shape and size of the portion to be transferred to Mr Oberem, subject to express and implied limitations, which was permissible. The seller lacked locus standi to reclaim Portion 7 or seek an interdict, as clause 11.2 created a contract for the benefit of a third party, and only Mr Oberem could enforce its terms. The application to amend pleadings was rightly refused, as the proposed amendment…

Source excerpt

• Alienation Of Land Act
• Validity Of Deed Of Sale
• Description Of Property
• Interim Interdict
• Amendment Of Pleadings

Adele v Sinethemba Hope House (10452/2006)

Adele v Sinethemba Hope House (10452/2006) [2008] ZAGPHC 347 (3 September 2008)

Court

High Courts - Gauteng

Case number

10452/2006

Judge

S W Sapire

The High Court found a land-sale agreement sufficiently identified the property, but held a vague mortgage-condition clause made the contract unenforceable.

• Alienation Of Land Act
• Contractual Uncertainty
• Description Of Property
• Suspensive Conditions
• Restitution
• Alienation-of-land-act

Headermans (Vryburg) (Pty) Ltd. v Bai (469/95)

Headermans (Vryburg) (Pty) Ltd. v Bai (469/95) [1997] ZASCA 33; 1997 (3) SA 1004 (SCA); [1997] 2 All SA 371 (A); (27 March 1997)

Court

Supreme Court of Appeal

Case number

469/95

Judges

E M Grosskopf, F H Grosskopf, Marais, Schutz, Streicher

The court held that the land sale was validly described, could be rectified to match the parties’ common intention, and was not shown to be induced by misrepresentation.

• Alienation Of Land Act
• Rectification Of Contract
• Description Of Property
• Sale Of Unproclaimed Township
• Misrepresentation
• Alienation-of-land-act

Phone-a-Copy Worldwide (Pty) Ltd. v Orkin and Another (125/83/av)

Phone-a-Copy Worldwide (Pty) Ltd. v Orkin and Another (125/83/av) [1985] ZASCA 137; [1986] 2 All SA 12 (A) (29 November 1985)

Court

Supreme Court of Appeal

Case number

125/83/AV

Judges

Jansen, Miller, Van Heerden, Galgut, Nicholas

The Supreme Court of Appeal held that the description of the property in the agreement was sufficient to comply with statutory requirements, as the flats were individually numbered and the undivided share in the common property would be ascertainable upon registration of the sectional plan. The Court further found that, although the notice of default was not sent to the respondents' domicilium citandi et executandi or last known residential or business address, the respondents actually received the notice and were thus properly informed of their default. The statutory requirement regarding th…

Source excerpt

• Formalities In Respect Of Contracts Of Sale Of Land
• Sale Of Land On Instalments Act
• Description Of Property
• Contract Cancellation
• Sectional Titles