Du Plessis and Others v Majiedt N.O. and Others (3059/2021) [2023] ZAFSHC 131 (18 April 2023)

Du Plessis and Others v Majiedt N.O. and Others (3059/2021) [2023] ZAFSHC 131 (18 April 2023)

The court found that Mr Du Plessis did not have locus standi to institute the main application or to oppose the counter-application, as his estate was under provisional sequestration at the relevant times and he failed to join or obtain the consent of the provisional trustees. The affidavits did not establish any...

Source-derived case information.

Citation
[2023] ZAFSHC 131
Parties
Applicant: Tobias Casparus du Plessis; Applicant: Anna Cornelia Jacomina du Plessis N.O.; Applicant: Tobias Casparus du Plessis N.O.; Applicant: Anna Cornelia Jacomina Joubert N.O.; Respondent: Donovan Majiedt N.O.; Respondent: Nicky de Klerk; Respondent: Registrar of Deeds, Bloemfontein; Respondent: Master of the High Court, Mahikeng; Respondent: Master of the High Court, Bloemfontein; Respondent: Nicolaas Daniel de Klerk N.O.; Respondent: Susanna Johanna Elizabeth de Klerk N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 April 2023
Case Number
3059/2021
Procedural Posture
Civil Application / Judgment After Main Application and Counter Application
Outcome
Main application dismissed; counter-application granted; lease agreement declared void and/or unenforceable; costs awarded as specified.
Judges
Van Zyl
Legal Topics
Locus Standi, Lease Agreement Validity, Mortgage Bond Conditions, Joinder of Parties, Condonation of Late Filing
Civil Procedure Land and Property Locus Standi Lease Agreement Validity Mortgage Bond Conditions Joinder of Parties Condonation of Late Filing

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Parties

Tobias Casparus du Plessis

Applicant

Anna Cornelia Jacomina du Plessis N.O.

Applicant

Tobias Casparus du Plessis N.O.

Applicant

Anna Cornelia Jacomina Joubert N.O.

Applicant

Donovan Majiedt N.O.

Respondent

Nicky de Klerk

Respondent

Registrar of Deeds, Bloemfontein

Respondent

Master of the High Court, Mahikeng

Respondent

Master of the High Court, Bloemfontein

Respondent

Nicolaas Daniel de Klerk N.O.

Respondent

Susanna Johanna Elizabeth de Klerk N.O.

Respondent

Procedural Posture

Civil Application / Judgment After Main Application and Counter Application

Legal Issues

  1. 1 Whether Mr Du Plessis had locus standi to institute the main application.
  2. 2 Whether the 2018 lease agreement between Mr Du Plessis and Full Circle Projects Twenty CC is void and/or unenforceable due to lack of written consent from the mortgagee.
  3. 3 Whether the joinder of parties and condonation for late filing should be granted.

Ratio Decidendi

The court found that Mr Du Plessis did not have locus standi to institute the main application or to oppose the counter-application, as his estate was under provisional sequestration at the relevant times and he failed to join or obtain the consent of the provisional trustees. The affidavits did not establish any factual basis for locus standi, nor was there evidence of the trustees' refusal to act or waiver of rights. The lease agreement concluded between Mr Du Plessis and Full Circle Projects Twenty CC was declared void and unenforceable because it was entered into without the prior written consent of the mortgagee, FNB, as required by the mortgage bond. The main application was...

Court Disposition

Main application dismissed; counter-application granted; lease agreement declared void and/or unenforceable; costs awarded as specified.

Orders

  • The main application is dismissed.
  • The first applicant and the Trustees of the Tafelkop Boerdery Trust are to pay the costs of the main application, jointly and severally, payment by the one, the other to be absolved.