Bondev Midrand (Pty) Limited v Ramokgopa and Others (72637/2013) [2015] ZAGPPHC 1136 (27 October 2015)

Bondev Midrand (Pty) Limited v Ramokgopa and Others (72637/2013) [2015] ZAGPPHC 1136 (27 October 2015)

The court held that the applicant's claim for retransfer of the property, based on the failure to erect a dwelling within the stipulated period, constitutes a debt as contemplated in the Prescription Act. Registration of the condition in the deed of transfer does not convert the right into a real right; it remains a personal right, enforceable only against the original transferee and not successors in perpetuity. The claim arose at the expiry of the 18-month building period, and the applicant was required to exercise its discretion to claim retransfer within a reasonable time thereafter. The three-year prescription period under section 11(d) of the Prescription Act applies, and the...

Citation
[2015] ZAGPPHC 1136
Parties
Applicant: Bondev Midrand (Pty) Limited; Respondent: Petrus Kgosi Ramokgopa; Respondent: The Registrar of Deeds, Pretoria; Respondent: Nedbank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 October 2015
Case Number
72637/2013
Procedural Posture
Civil Application / First Instance Judgment
Outcome
The respondent's plea of prescription is upheld; the applicant's claim is dismissed with costs.
Judges
M Akhubele
Legal Topics
Prescription Act, Restrictive Title Conditions, Retransfer of Property, Personal Vs Real Rights, Deeds Registries Act
Land and Property Civil Procedure Prescription Act Restrictive Title Conditions Retransfer of Property Personal Vs Real Rights Deeds Registries Act

Case Brief

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Parties

Bondev Midrand (Pty) Limited

Applicant

Petrus Kgosi Ramokgopa

Respondent

The Registrar of Deeds, Pretoria

Respondent

Nedbank Limited

Respondent

Procedural Posture

Civil Application / First Instance Judgment

Legal Issues

  1. 1 Does the applicant's claim for retransfer of the property constitute a debt as contemplated in the Prescription Act?
  2. 2 Has the applicant's claim prescribed in terms of section 11(d) of the Prescription Act?
  3. 3 Does registration of a personal obligation in a deed of transfer elevate it to a real right?

Ratio Decidendi

The court held that the applicant's claim for retransfer of the property, based on the failure to erect a dwelling within the stipulated period, constitutes a debt as contemplated in the Prescription Act. Registration of the condition in the deed of transfer does not convert the right into a real right; it remains a personal right, enforceable only against the original transferee and not successors in perpetuity. The claim arose at the expiry of the 18-month building period, and the applicant was required to exercise its discretion to claim retransfer within a reasonable time thereafter. The three-year prescription period under section 11(d) of the Prescription Act applies, and the...

Court Disposition

The respondent's plea of prescription is upheld; the applicant's claim is dismissed with costs.

Orders

  • The respondent's plea of prescription is upheld.
  • The applicant's claim is dismissed with costs.