Thepanyega N O and Others v Letsoalo and Others

The appellants, trustees of the Madibeng Letupi Community Trust, are the registered owners of a farm in Limpopo. Since about 2012, they allowed the respondents to graze livestock on the property subject to payment of grazing fees. The arrangement was not reduced to writing. The respondents allegedly failed to pay the agreed fees. Without unequivocally cancelling the grazing agreement, the trustees launched proceedings in the magistrate’s court seeking eviction of the respondents’ livestock, removal by the sheriff or pound master, retention of the livestock pending payment, and an interdict preventing further grazing. The magistrate granted the relief. On appeal, the High Court set aside the order, finding that the agreement had not been cancelled and that the magistrate lacked jurisdiction. The trustees then appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs.

The case reaffirms an important principle in South African property and contract law: an owner seeking eviction or interdictory relief must first unequivocally cancel any subsisting contractual right allowing occupation or use. It underscores the requirement of clear cancellation of agreements and clarifies the evidentiary burden on owners when contractual rights are conceded and relied upon by the opposing party.