IN THE HIGH COURT OF SOUTH AFRICA
MPUMALANGA DIVISION, MBOMBELA
(1) REPORTABLE : NO
(2) OF INTEREST TO THE JUDGES: NO
(3) RE VISED: NO
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1 ,J 02 October 2025
DATE SIGNATURE
In the matter between:
TIMBALI FLOWER GROWER NPC
REG.NO: 2002/006905/08
and
DELIPMODE PTY LTD
REG.NO: 2017/358489/07
JUDGMENT
CASE NO: 2470/2024
PLAINTIFF /APPLICANT
DEFENDANTIRESPONDENT
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Mangena AJ
[1] This is an application for summary judgment in terms of Rule 32 of the Uniform
Rules of Court. The Plaintiff instituted legal proceedings against the Defendant , in which
it sought the following prayers:
1.1 Payment in the sum of R130 000.00;
1.2 Interest on the aforementioned sum at the legal rate a tempore morae;
1.3 An order ejecting the Defendant from the property.
[2] The dispute between the parties arises out of the following facts: On or about
March 2021, the parties entered into an agreement of sale of an immovable property
described as portion 02 of the Farm Helena 400, Registration Division JU, Mpumalanga,
measuring 89,6966 hectares . The purchase price was to be paid by way of yearly
instalments of R2 500 000.00 payable in March, April and May in each year from 2021
until 2027. The Defendant was given occupation and from that date assumed risk in
respect of the property and liability for rates and taxes.
[3] The Plaintiff alleges that the Defendant breached an oral agreement of lease
concluded on or about August 2023. She demanded payment, and when the same was
not forthcoming , she gave notice of cancellation. The letter of cancellation reads as
follows:
“[1] On or about the 25th March 2021 and at Nelspruit, our client entered into written sale
agreement with Delipmode (Pty) Ltd, represented by you ( G Van Der Merwe) in terms
of which inter alia, Delipmode purchased our client’s property.
[2] Delipmode breached the agreement in that it failed to pay its monthly instalments of
the purchase price for the aforesaid property.
[3] In order to assist Delipmode, our client agreed to lease the property to Delipmode and
in this regard, a verbal lease was concluded by the parties.
[4] Delipmode has breached the verbal lease in that it has failed to pay its monthly rental
on due date. The sum of R130 000.00 remains outstanding.
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[5] As a result of your breach of the verbal lease agreement, we hereby inform you that
the said agreement is cancelled. We hold instructions to proceed against you for recovery
of the sum of R130 000.00 together with interests thereon and legal costs.”
[4] The letter elicited no response from the Defendant , and when a summons was
issued, the Defendant initially expressed an intention to raise an exception to the claim
on the basis that the pleadings are vague and lacking averments necessary to sustain
the cause of action. This exception was not proceeded with, and a plea was filed.
[5] In the plea, the Defendant admits to the occupation of the property in terms of the
sale agreement and denies the existence of the verbal lease agreement and that there is
any rental due and payable to the Plaintiff.
[6] The Defendant further denies that the Plaintiff was entitled to the relief , as there
was no compliance with clause 21 of the sale agreement. The claim, according to the
Defendant, is therefore premature.
[7] The Plaintiff applied for summary judgment , and the same was set down for
hearing on 14 February 2025. On 13 February 2025, the Defendant served and filed a
Rule 28 notice expressing an intention to amend the plea and simultaneously filed a
substantive application for postponement. The matter was postponed to offer the
Defendant an opportunity to amend. However, the Defendant did not proceed with the
amendment and has since filed an affidavit opposing the granting of the summary
judgment.
[8] In the opposing affidavit, the Defendant contends that the Plaintiff has not verified
any right entitling it to ejectment in terms of the oral lease.
[9] There is a dispute regarding the existence of the oral lease , and the Defendant
denies that the payment made (if any) was for the arrear rental. This is not a genuine
dispute when facts are considered in context. The contentions by the Defendant are
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therefore without merit and cannot be supported. The issue regarding the existence of
the oral lease is a red herring. By his own admission, the Defendant took occupation upon
the conclusion of the sale agreement.
[10] The Plaintiff seeks an order to re -take possession of the property and eject the
Defendant, who has breached the agreement by failing to pay the purchase price on the
agreed terms.
[11] The principles governing summary judgment are trite. A Defendant resisting
summary judgment is required to satisfy the court that his defences as raised are not a
sham but bona fide and if proved at trial would constitute a defence.
[12] Rule 32 requires the Defendant to disclose fully the nature and grounds of the
defence. In the affidavit filed by the Defendant, there are no facts raised upon which one
can discern a defence to the Plaintiff’s claim for ejectment.
[13] The Plaintiff has cancelled the sale agreement, and the Defendant has no legal
basis to remain on the property. It is not a defence to say that the termination notice did
not come to his attention. The fact is that it has now come to his attention, and he has not
disclosed any bona fide defence in both the plea and the affidavit resisting summary
judgment.
[14] It follows that the Plaintiff is entitled to summary judgment, and the following order
is made:
1. The Defendant is ordered to pay the Plaintiff an amount of R130 000.00 together
with interest a tempore morae.
2. The Defendant is ordered to vacate the property within 90 days from the date of
service of the court order or at any time agreed upon with the Plaintiff.
3. The Defendant is ordered to pay costs on a party and party scale B of the High
Court tariffs, including costs of one counsel.
Appearances
For Plaintiff: Adv. JJ Venter
Instructed by: Hv H Attorneys Incorporated
M.I. MANGENA AJ
AC TING JUDG E OF THE H IG H COUR T
MPUMALANGA D IV ISION , MBOMB ELA
For De fendant: Mr. Andre du Plessis for Andre du Plessis Attorneys
Heard on: 05 September 2025
De livered on: 02 Oc tober 2025
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