Abraham v Arkle and Others (2019/3591) [2021] ZAGPJHC 549 (18 October 2021)

Abraham v Arkle and Others (2019/3591) [2021] ZAGPJHC 549 (18 October 2021)

The court found that the sale agreement required the applicant to pay the purchase price into the trust account of the conveyancer nominated by the respondents. The applicant complied with this obligation by making payment as stipulated. The respondents' argument that guarantees were required was not supported by...

Source-derived case information.

Citation
[2021] ZAGPJHC 549
Parties
Applicant: Donne Abraham (born Dicks); Respondent: Keith Patterson Arkle; Respondent: Clive Anthony Arkle; Respondent: Maureen Cash; Respondent: Maryna Estelle Symes & Retha Stockhoff N.O. (the provisional trustee of the insolvent estate of Manuel Fernando Martins Costa); Respondent: Atanasi Sakulias
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 October 2021
Case Number
2019/3591
Procedural Posture
Urgent Application / Application for Specific Performance and Transfer of Property
Outcome
Application granted. The applicant is entitled to transfer of the property into her name.
Judges
MJ Engelbrecht
Legal Topics
Specific Performance, Sale of Immovable Property, Conveyancing, Payment to Trust Account, Interpretation of Contracts
Land and Property Civil Procedure Specific Performance Sale of Immovable Property Conveyancing Payment to Trust Account Interpretation of Contracts

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Parties

Donne Abraham (born Dicks)

Applicant

Keith Patterson Arkle

Respondent

Clive Anthony Arkle

Respondent

Maureen Cash

Respondent

Maryna Estelle Symes & Retha Stockhoff N.O. (the provisional trustee of the insolvent estate of Manuel Fernando Martins Costa)

Respondent

Atanasi Sakulias

Respondent

Procedural Posture

Urgent Application / Application for Specific Performance and Transfer of Property

Legal Issues

  1. 1 Whether the applicant complied with her obligations under the sale agreement.
  2. 2 Whether payment to the conveyancer's trust account constituted payment in terms of the agreement.
  3. 3 Whether the applicant is entitled to transfer of ownership despite the conveyancer absconding with the purchase price.

Ratio Decidendi

The court found that the sale agreement required the applicant to pay the purchase price into the trust account of the conveyancer nominated by the respondents. The applicant complied with this obligation by making payment as stipulated. The respondents' argument that guarantees were required was not supported by the wording of the agreement, which had been amended to require payment of the purchase price by a specific date. The conveyancer was authorised by the sellers to accept payment and effect transfer, making him their agent for receipt of the purchase price. The fact that the conveyancer absconded with the funds did not affect the applicant's entitlement to transfer, as she had...

Court Disposition

Application granted. The applicant is entitled to transfer of the property into her name.

Orders

  • The sheriff of the court is authorised to sign the required power of attorney and all documents necessary to pass transfer of Erf [....] Northmead Extension 4, Township Registration Division IR, Gauteng to the applicant on behalf of the respondents.
  • Tuckers Incorporated is authorised to attend to the transfer of the property into the applicant's name.