Jagjiban and Another v Niekerk and Others (1176/2012) [2012] ZAECPEHC 78 (23 October 2012)

Jagjiban and Another v Niekerk and Others (1176/2012) [2012] ZAECPEHC 78 (23 October 2012)

The court found that the applicants complied with section 97(1) of the Deeds Registries Act by giving proper notice to the Registrar of Deeds, who responded within the required period. The provision is directory and non-compliance can be condoned. The debt only became due when the applicants paid the full purchase price and requested transfer, which occurred less than three years before the application, so prescription had not commenced. The National Credit Act does not apply to the transaction, and the respondents were correctly cited in both personal and representative capacities. The respondents' points in limine were dismissed as lacking merit, and the applicants were entitled to the...

Citation
[2012] ZAECPEHC 78
Parties
Applicant: Devan Arthur Jagjiban; Applicant: Angela Jo Anne Jagjiban; Respondent: Rochelle Rhoda Niekerk; Respondent: Rochelle Rhoda Niekerk N O; Respondent: Lee Niekerk; Respondent: Terri Niekerk; Respondent: The Master, Eastern Cape, Port Elizabeth
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
23 October 2012
Case Number
1176/2012
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted in terms of paragraphs 1-4 of the Notice of Motion as amended. Respondents to pay costs jointly and severally.
Judges
PW Tshiki
Legal Topics
Transfer of Immovable Property, Deeds Registries Act Compliance, Prescription Act, Specific Performance
Land and Property Civil Procedure Transfer of Immovable Property Deeds Registries Act Compliance Prescription Act Specific Performance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Devan Arthur Jagjiban

Applicant

Angela Jo Anne Jagjiban

Applicant

Rochelle Rhoda Niekerk

Respondent

Rochelle Rhoda Niekerk N O

Respondent

Lee Niekerk

Respondent

Terri Niekerk

Respondent

The Master, Eastern Cape, Port Elizabeth

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants complied with section 97(1) of the Deeds Registries Act 47 of 1937.
  2. 2 Whether the applicants' claim has prescribed under the Prescription Act 68 of 1969.
  3. 3 Whether the National Credit Act 34 of 2005 applies to the transaction.

Ratio Decidendi

The court found that the applicants complied with section 97(1) of the Deeds Registries Act by giving proper notice to the Registrar of Deeds, who responded within the required period. The provision is directory and non-compliance can be condoned. The debt only became due when the applicants paid the full purchase price and requested transfer, which occurred less than three years before the application, so prescription had not commenced. The National Credit Act does not apply to the transaction, and the respondents were correctly cited in both personal and representative capacities. The respondents' points in limine were dismissed as lacking merit, and the applicants were entitled to the...

Court Disposition

Application granted in terms of paragraphs 1-4 of the Notice of Motion as amended. Respondents to pay costs jointly and severally.

Orders

  • The respondents are ordered to sign all documentation necessary to effect registration of transfer of the immovable property at 37 Doreen Crescent, Hillside, Port Elizabeth into the joint names of the applicants.
  • On signature of the transfer documents by the respondents, the applicants shall pay R6,670.00 to the respondents' attorneys of record.