Bondev Development (Pty) Ltd v Mosikare and Others (50391/2008) [2010] ZAGPPHC 305 (22 April 2010)

Bondev Development (Pty) Ltd v Mosikare and Others (50391/2008) [2010] ZAGPPHC 305 (22 April 2010)

The court held that the condition of title is enforceable against the respondents, regardless of whether they were aware of it at the time of purchase. The phrase 'original purchase price' in the title deed refers to the price paid in the first sale to Sunset (R390,000), not the price paid by the respondents. The obligation to build within the stipulated period remains enforceable even after the period has expired; the respondents are in mora and the applicant is entitled to enforce its rights. The court declined to follow the reasoning in Bondev Developments (Pty) Ltd v Plenty Properties 60 (Pty) Ltd and Others, finding that the obligation persists and does not require a new time for...

Citation
[2010] ZAGPPHC 305
Parties
Applicant: Bondev Developments (Pty) Ltd; Respondent: Joseph Sello Chief Mosikare; Respondent: Kakanyo Tirelo Mosikare; Respondent: The Registrar of Deeds, Pretoria; Respondent: ABSA Bank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 April 2010
Case Number
50391/2008
Procedural Posture
Civil Application / Judgment
Outcome
Application granted. The respondents are ordered to re-transfer the property to the applicant against payment of R390,000.
Judges
B.R. du Plessis
Legal Topics
Title Deed Conditions, Specific Performance, Interpretation of Contracts, Transfer of Property
Land and Property Civil Procedure Title Deed Conditions Specific Performance Interpretation of Contracts Transfer of Property

Case Brief

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Parties

Bondev Developments (Pty) Ltd

Applicant

Joseph Sello Chief Mosikare

Respondent

Kakanyo Tirelo Mosikare

Respondent

The Registrar of Deeds, Pretoria

Respondent

ABSA Bank Limited

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to enforce the condition of title requiring re-transfer of the property.
  2. 2 What is the correct interpretation of 'original purchase price' in the title deed condition.
  3. 3 Whether the obligation to build within the stipulated period remains enforceable after expiry of the period.

Ratio Decidendi

The court held that the condition of title is enforceable against the respondents, regardless of whether they were aware of it at the time of purchase. The phrase 'original purchase price' in the title deed refers to the price paid in the first sale to Sunset (R390,000), not the price paid by the respondents. The obligation to build within the stipulated period remains enforceable even after the period has expired; the respondents are in mora and the applicant is entitled to enforce its rights. The court declined to follow the reasoning in Bondev Developments (Pty) Ltd v Plenty Properties 60 (Pty) Ltd and Others, finding that the obligation persists and does not require a new time for...

Court Disposition

Application granted. The respondents are ordered to re-transfer the property to the applicant against payment of R390,000.

Orders

  • The First and Second Respondents are ordered to re-transfer ERF 999 MIDSTREAM ESTATE EXTENSION 8 TOWNSHIP to the Applicant at their cost against payment of R390,000.
  • If the First and Second Respondents fail to sign the relevant documentation, the Deputy Sheriff is authorized to sign all necessary documents to effect re-transfer against payment of R390,000 less costs, payable to the Deputy Sheriff or ABSA Bank Limited as bondholder on behalf of the First and Second Respondents.