Keyes NO v Ellinas and Others (2013/62385) [2017] ZAGPPHC 185 (22 May 2017)

Keyes NO v Ellinas and Others (2013/62385) [2017] ZAGPPHC 185 (22 May 2017)

The court found that the operative part of the previous judgment contained a clerical error in the description of the deed number, which rendered the judgment incapable of execution by the Registrar of Deeds. In terms of rule 42(1)(b), the court has the power to correct such errors mero motu. The correct deed number is T45790/1997, not T45790/2007. The court further declared that the appointment of Ms Dionisiou as executor in Cyprus did not terminate the impediment under section 13(1)(h) of the Prescription Act, 1969. Costs were awarded to the plaintiff, including the fee for Ms Dionisiou's affidavit evidence. Issues not yet determined were postponed sine die.

Citation
[2017] ZAGPPHC 185
Parties
Plaintiff: Trevor Thomas Keyes NO; Defendant: Chris Ellinas; Defendant: Jango Ellinas; Defendant: Registrar of Deeds, Johannesburg
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 May 2017
Case Number
2013/62385
Procedural Posture
Civil Procedure / Variation of Judgment
Outcome
Judgment varied to correct clerical error in deed number; costs awarded to plaintiff; remaining issues postponed sine die.
Judges
J R Peter
Legal Topics
Deeds Registries Act, Transfer of Immovable Property, Clerical Error Correction, Prescription Act, Executor Powers, Costs Award
Land and Property Civil Procedure Deeds Registries Act Transfer of Immovable Property Clerical Error Correction Prescription Act Executor Powers Costs Award

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Parties

Trevor Thomas Keyes NO

Plaintiff

Chris Ellinas

Defendant

Jango Ellinas

Defendant

Registrar of Deeds, Johannesburg

Defendant

Procedural Posture

Civil Procedure / Variation of Judgment

Legal Issues

  1. 1 Whether the operative order in the judgment of 18 October 2016 contained a clerical error regarding the deed number.
  2. 2 Whether the court has the power to correct the clerical error mero motu under rule 42(1)(b).
  3. 3 Whether the appointment of Ms Dionisiou as executor in Cyprus terminated the impediment under section 13(1)(h) of the Prescription Act, 1969.

Ratio Decidendi

The court found that the operative part of the previous judgment contained a clerical error in the description of the deed number, which rendered the judgment incapable of execution by the Registrar of Deeds. In terms of rule 42(1)(b), the court has the power to correct such errors mero motu. The correct deed number is T45790/1997, not T45790/2007. The court further declared that the appointment of Ms Dionisiou as executor in Cyprus did not terminate the impediment under section 13(1)(h) of the Prescription Act, 1969. Costs were awarded to the plaintiff, including the fee for Ms Dionisiou's affidavit evidence. Issues not yet determined were postponed sine die.

Court Disposition

Judgment varied to correct clerical error in deed number; costs awarded to plaintiff; remaining issues postponed sine die.

Orders

  • The Registrar of Deeds, Johannesburg is authorised and directed to cancel deed of transfer T000014436/2010, dated 11 May 2010.
  • The Registrar of Deeds, Johannesburg is authorised and directed to cancel the relevant endorsement on deed of transfer T45790/1997, evidencing the registration of deed T000014436/2010.