Henque 1273 CC v Du Plessis and Others (2119/2020) [2020] ZAFSHC 160 (7 September 2020)

Henque 1273 CC v Du Plessis and Others (2119/2020) [2020] ZAFSHC 160 (7 September 2020)

The Free State High Court has jurisdiction to adjudicate the matter concerning immovable property situated in the North West Province, as section 97(2) of the Deeds Registries Act and relevant case law confirm that exclusive jurisdiction does not vest solely in the forum rei sitae. Proper notice was given to the Registrar of Deeds, Pretoria, and the property is within South Africa. The resolution authorising the trustee to oppose the application was invalid, as there was no evidence of consultation with the third trustee, nor was the resolution signed by all trustees or accompanied by minutes or confirmatory affidavits. The interim interdict is confirmed pending finalisation of the...

Citation
[2020] ZAFSHC 160
Parties
Applicant: Henque 1273 CC; Respondent: Willem Carel Ernst Du Plessis N.O.; Respondent: Rinda – Marianne Du Plessis; Respondent: Guillaume Johannes Oberholster N.O.; Respondent: Beukes & Beukes; Respondent: Jac N Coetzer Incorporated; Respondent: Fancor Boerdery (Pty) Ltd; Respondent: The Registrar of Deeds, Pretoria
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 September 2020
Case Number
2119/2020
Procedural Posture
Urgent Application / Show Cause Hearing Following Interim Interdict; Determination of Points in Limine
Outcome
Interim interdict confirmed; costs reserved for trial court.
Judges
Naidoo
Legal Topics
Interim Interdict, Jurisdiction of High Courts, Trustee Authority, Agreement of Sale, Deeds Registries Act
Land and Property Civil Procedure Interim Interdict Jurisdiction of High Courts Trustee Authority Agreement of Sale Deeds Registries Act

Case Brief

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Parties

Henque 1273 CC

Applicant

Willem Carel Ernst Du Plessis N.O.

Respondent

Rinda – Marianne Du Plessis

Respondent

Guillaume Johannes Oberholster N.O.

Respondent

Beukes & Beukes

Respondent

Jac N Coetzer Incorporated

Respondent

Fancor Boerdery (Pty) Ltd

Respondent

The Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Urgent Application / Show Cause Hearing Following Interim Interdict; Determination of Points in Limine

Legal Issues

  1. 1 Whether the Free State High Court has jurisdiction to grant orders regarding immovable property situated in another province.
  2. 2 Whether the trustee opposing the application was validly authorised to act on behalf of the trust.
  3. 3 Whether the interim interdict should be confirmed pending finalisation of the action regarding the agreement of sale.

Ratio Decidendi

The Free State High Court has jurisdiction to adjudicate the matter concerning immovable property situated in the North West Province, as section 97(2) of the Deeds Registries Act and relevant case law confirm that exclusive jurisdiction does not vest solely in the forum rei sitae. Proper notice was given to the Registrar of Deeds, Pretoria, and the property is within South Africa. The resolution authorising the trustee to oppose the application was invalid, as there was no evidence of consultation with the third trustee, nor was the resolution signed by all trustees or accompanied by minutes or confirmatory affidavits. The interim interdict is confirmed pending finalisation of the...

Court Disposition

Interim interdict confirmed; costs reserved for trial court.

Orders

  • The first, second, third and fifth respondents are interdicted from requesting the seventh respondent to transfer Portion 16 of the farm Rustkraal 129 division H.P. Northwest Province, being 336,6705 hectares in extent, held under certificate of consolidated title no. T102578/2015, into the name of the sixth...
  • The applicant was ordered to institute, within 14 days from 29 June 2020, the action for an order declaring the written agreement of sale dated 24 February 2020 to be of full force and effect; such action was instituted on 13 July 2020 under case number 2491/2020.