Deutsches Altersheim Zu Pretoria v Dohmen and Others

The appellant, a home for the aged, concluded a written agreement with Mr Roland Heinrich Dohmen in 2007 to provide accommodation and frail care against a monthly fee, with his son and daughter signing as guarantors. In 2009 the appellant gave written notice terminating the agreement and later instituted eviction proceedings under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 when Mr Dohmen refused to vacate. The magistrates’ court granted an eviction order with punitive costs. On appeal, the North Gauteng High Court overturned the eviction. The appellant then appealed to the Supreme Court of Appeal. Before the appeal was heard, Mr Dohmen died, which automatically terminated the agreement in terms of its clause 9, rendering the substantive dispute academic.

The appeal was struck off the roll, and the appellant was ordered to pay two thirds of the respondents’ costs.

The case reaffirms the principle that South African courts will not decide moot or academic disputes and clarifies the application of s 16(2)(a) of the Superior Courts Act. It is also significant for its detailed exposition of the court’s discretion in awarding costs when an appeal becomes academic due to supervening events such as the death of a party.