Herman Steyn Erfgename CC and another v Mdau NO and others

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Gumede AJ
• Judgment Date: 31 July 2023
• Citation: 2023 JDR 2889 (MN)
• Hearing Date: 25 July 2023
• Docket Number: 2687/23

Gumede AJ:

2023 JDR 2889 p2

Gumede AJ

1.

This is an urgent application in which the applicants seek to interdict the respondents from entering the properties situated at Portions 7 and 17 of the Farm Elandspruit 291, and/or renting out any portion thereof. They also seek to interdict verbal abuse and threats by the respondents on any of their employees, directors or any person lawfully visiting the premises of the applicants, pending the finalization of an application or action confirming the cancellation of the agreements of sale and damages to be instituted by the applicants against the respondents.

2.

I permitted the matter to be enrolled and heard as a matter of urgency.

3.

On 19 January 2023, the applicants and respondents entered into sale agreement in respect of two immovable properties, being Portion 7 and Portion 17 of the Farm Elandspruit, in the amount of R1.5 million for each property, totaling R3 million. In terms of amended clause 4.2 of the sale agreement, the purchase price was payable on or before 28 February 2023.

4.

Clause 8 of both sale agreements provides that occupation of the property shall be given to the purchaser on the date of registration of transfer whereas clause 16.2 provides that in the event of cancellation for whatever reason, the seller shall immediately be entitled to resume possession of the property and to eject from the property the purchaser and/or persons occupying through him.

2023 JDR 2889 p3

Gumede AJ

5.

Applicant alleges that the respondent breached the sale agreement by requesting an extension for payment of purchase prices from 28 February 2023 to 31 March 2023, however, applicant acquiesced to the respondent request and agreed to grant the extension on the following basis:

a.

Occupational rent be paid for months of February and March 2023 at a rate of R12 5000-00 per month;

b.

The house of top would not be open for renovations or any other work until the purchase price had been paid;

c.

When the purchase price of R3 million is paid, then occupational rent shall reduce to R5000 per month and the Trust (Respondents) would be responsible for the Eskom account.

6.

The respondents agreed to the above terms but did not comply with them. The applicants sent reminders to the respondents in respect of outstanding occupational rent and on 21 February 2023, applicants communicated a “final notice”, which inter alia stated that nonpayment of outstanding agreed amounts means the contract is not honoured. This final notice further stated that the privilege to occupy the house on the hill is then nullified and will be rented out.

2023 JDR 2889 p4

Gumede AJ

7.

On 3 March 2023, the attorneys for the applicant sent a notice to the respondent, invoking clause 16.1 of the sale agreement in respect of Portion 7. Clause 16.1 provides that should purchaser fail to comply with...