properties in terms of the buyback agreements. In short, the disposition of this appeal must be confined to their cause of action as formulated in their pleadings. I accordingly take the view that the appeal must fail on this procedural ground alone. Turning to the merits of the appellants’ case, the critical clause that fell for interpretation by the court is clause 3 of the two buy back agreements. Its relevant a quo portion provides as follows: if the full purchase is not paid or guaranteed to the satisfaction of the “.... conveyancers within a period of three months from the date of the exercise of the option, the company shall have the right to cancel the sale and all option rights will cease.” The intention of the parties as gleaned from this clause is abundantly clear, In the event that the appellants failed to pay the full purchase price within three viz. months of exercising their options to purchase, the respondents were entitled to cancel the sales and the appellants’ option rights would cease upon such cancellation. This is precisely what happened in this case. The appellants failed to pay the agreed purchase price within the prescribed period and the respondents duly cancelled the sales and the attendant options to purchase. And this is also what the court found had in fact a quo occurred. In my view, the learned judge correctly interpreted the buyback agreements in accordance with the issues agreed for trial. His findings and determinations in this regard cannot be faulted.
properties in terms of the buyback agreements. In short, the disposition of this appeal must be confined to their cause of action as formulated in their pleadings. I accordingly take the view that the appeal must fail on this procedural ground alone. Turning to the merits of the appellants’ case, the critical clause that fell for interpretation by the court a quo is clause 3 of the two buy back agreements. Its relevant portion provides as follows: “.... if the full purchase is not paid or guaranteed to the satisfaction of the conveyancers within a period of three months from the date of the exercise of the option, the company shall have the right to cancel the sale and all option rights will cease.” The intention of the parties as gleaned from this clause is abundantly clear, viz. In the event that the appellants failed to pay the full purchase price within three months of exercising their options to purchase, the respondents were entitled to cancel the sales and the appellants’ option rights would cease upon such cancellation. This is precisely what happened in this case. The appellants failed to pay the agreed purchase price within the prescribed period and the respondents duly cancelled the sales and the attendant options to purchase. And this is also what the court a quo found had in fact occurred. In my view, the learned judge correctly interpreted the buyback agreements in accordance with the issues agreed for trial. His findings and determinations in this regard cannot be faulted.