Mathavha NO v Sibeko (515/2009) [2010] ZASCA 100 (7 September 2010)

Mathavha NO v Sibeko (515/2009) [2010] ZASCA 100 (7 September 2010)

The Supreme Court of Appeal held that the first sale agreement between the Municipality and the deceased was valid. The respondent, who purchased and took transfer of the property with knowledge of the prior sale, is obliged to transfer the property to the estate of the deceased. The cession agreement between the deceased and the respondent was found to be legally ineffective, as the respondent had no rights capable of cession and any interest in land must be ceded in writing. The stated case included a tender for repayment of the purchase price and costs of transfer, which the court accepted as a sensible solution. The order of the court a quo was set aside and replaced with an order...

Citation
[2010] ZASCA 100
Parties
Appellant: Rosemary M M Mathavha NO; Respondent: Ziba Sibeko; Respondent: Govan Mbeki Local Municipality
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
7 September 2010
Case Number
515/2009
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court (pretoria)
Outcome
Appeal upheld; order of the court a quo set aside and replaced.
Judges
Conradie, Maya, Shongwe, Tshiqi, K Pillay
Legal Topics
Sale of Land, Transfer of Property, Validity of Contract, Notice in Property Law
Land and Property Civil Procedure Sale of Land Transfer of Property Validity of Contract Notice in Property Law

Case Brief

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Parties

Rosemary M M Mathavha NO

Appellant

Ziba Sibeko

Respondent

Govan Mbeki Local Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court (pretoria)

Legal Issues

  1. 1 Whether the first sale agreement between the Municipality and the deceased was valid.
  2. 2 Whether the respondent, as second purchaser with knowledge of the first sale, is obliged to transfer the property to the estate of the deceased.
  3. 3 Whether the cession agreement between the deceased and the respondent had any legal effect.

Ratio Decidendi

The Supreme Court of Appeal held that the first sale agreement between the Municipality and the deceased was valid. The respondent, who purchased and took transfer of the property with knowledge of the prior sale, is obliged to transfer the property to the estate of the deceased. The cession agreement between the deceased and the respondent was found to be legally ineffective, as the respondent had no rights capable of cession and any interest in land must be ceded in writing. The stated case included a tender for repayment of the purchase price and costs of transfer, which the court accepted as a sensible solution. The order of the court a quo was set aside and replaced with an order...

Court Disposition

Appeal upheld; order of the court a quo set aside and replaced.

Orders

  • The sale agreement between the Municipality and the deceased dated 18 November 2000 is declared valid.
  • The respondent is directed to take all necessary steps to transfer erf 1577, Extension 9, Lebohang, Leandra to the estate late M M Ramarope.