In June 2006 the parties concluded a written contract for the sale of undeveloped land for R13 250 000. The purchaser, Green Willows, intended to develop 80 residential units and retained R3 250 000 of the purchase price pending 'final written approval' of the development scheme by the local municipality, as provided for in clause 18 of the contract. The Bitou Municipality passed a resolution in December 2006 approving a revised Site Development Plan (SDP) for the proposed development, subject to certain conditions. Rogalla contended that this resolution constituted final written approval and demanded payment of the retained amount. Green Willows refused, arguing that final approval had not been granted. Rogalla sued for payment. During the trial, after Rogalla closed its case, Green Willows applied for absolution from the instance, which was dismissed. Green Willows then sought the recusal of the trial judge, alleging bias, which application was also dismissed. Green Willows led no evidence and judgment was granted in favour of Rogalla.