Frazenburg and Another v Rendall and Others (2018/11948) [2018] ZAGPJHC 631 (12 November 2018)

Frazenburg and Another v Rendall and Others (2018/11948) [2018] ZAGPJHC 631 (12 November 2018)

The applicants failed to establish any legal basis for reversing the sale in execution of the property to the first respondent. They did not allege fraud, procedural irregularity, or invalidity of the sale agreement. The first respondent had already taken transfer of the property before the rescission of the default judgment, and there was no evidence that he acted in bad faith. The law does not permit restoration of ownership to the former owner under these circumstances unless the sale is shown to be invalid. The application for rescission and restoration of title must therefore be dismissed.

Citation
[2018] ZAGPJHC 631
Parties
Applicant: Willem Frazenburg; Applicant: Venessa Leysttell Frazenburg; Respondent: Geordie-Glenn Rendall; Respondent: Registrar of Deeds – Johannesburg; Respondent: Standard Bank of South Africa
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 November 2018
Case Number
2018/11948
Procedural Posture
Review Application / Application for Rescission of Sale in Execution and Restoration of Title
Outcome
Application dismissed; each party to pay its own costs.
Judges
Lagrange AJ
Legal Topics
Sale in Execution, Rescission of Judgment, Bona Fide Purchaser, National Credit Act, Rule 46 Uniform Rules
Land and Property Civil Procedure Sale in Execution Rescission of Judgment Bona Fide Purchaser National Credit Act Rule 46 Uniform Rules

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Parties

Willem Frazenburg

Applicant

Venessa Leysttell Frazenburg

Applicant

Geordie-Glenn Rendall

Respondent

Registrar of Deeds – Johannesburg

Respondent

Standard Bank of South Africa

Respondent

Procedural Posture

Review Application / Application for Rescission of Sale in Execution and Restoration of Title

Legal Issues

  1. 1 Whether the applicants are entitled to an order compelling the first respondent to transfer the property back to them after the sale in execution was rescinded.
  2. 2 Whether the first respondent acted in bad faith or as a bona fide purchaser.
  3. 3 Whether the sale in execution was void ab initio or invalid due to procedural defects or fraud.

Ratio Decidendi

The applicants failed to establish any legal basis for reversing the sale in execution of the property to the first respondent. They did not allege fraud, procedural irregularity, or invalidity of the sale agreement. The first respondent had already taken transfer of the property before the rescission of the default judgment, and there was no evidence that he acted in bad faith. The law does not permit restoration of ownership to the former owner under these circumstances unless the sale is shown to be invalid. The application for rescission and restoration of title must therefore be dismissed.

Court Disposition

Application dismissed; each party to pay its own costs.

Orders

  • The application is dismissed.
  • The parties are all liable for their own costs.