Mbokane v Radebe and Others (2021/51795) [2023] ZAGPJHC 133 (7 February 2023)

Mbokane v Radebe and Others (2021/51795) [2023] ZAGPJHC 133 (7 February 2023)

The applicant was the executrix of her late husband's estate and had appointed the sixth and seventh respondents to administer the estate, including the sale of immovable properties. The applicant was consulted regarding the offers to purchase and consented to the sale and transfer, instructing the seventh respondent to obtain court authorisation when some beneficiaries refused consent. The applicant signed all necessary documents, and the transfer was lawfully effected. Her subsequent denial of consent was contradicted by her own admissions in the replying affidavit. The attempt to shift the basis of her claim to public policy and constitutional grounds was not supported by the facts or...

Citation
[2023] ZAGPJHC 133
Parties
Applicant: Mothlatsi Anna Mbokane; Respondent: Sipho Edwin Radebe; Respondent: Anastasia Mamojoentsoa Radebe; Respondent: Registrar of Deeds; Respondent: Estate Late Maxwell Mbokane; Respondent: Master of the High Court, Johannesburg; Respondent: Mbengeni Andrew Lishivha; Respondent: Lishivha (Andrew) Inc Attorneys
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 February 2023
Case Number
2021/51795
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs on the scale as between attorney and client.
Judges
Redman
Legal Topics
Transfer of Immovable Property, Power of Attorney, Public Policy, Pacta Sunt Servanda, Costs Order
Land and Property Civil Procedure Transfer of Immovable Property Power of Attorney Public Policy Pacta Sunt Servanda Costs Order

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Parties

Mothlatsi Anna Mbokane

Applicant

Sipho Edwin Radebe

Respondent

Anastasia Mamojoentsoa Radebe

Respondent

Registrar of Deeds

Respondent

Estate Late Maxwell Mbokane

Respondent

Master of the High Court, Johannesburg

Respondent

Mbengeni Andrew Lishivha

Respondent

Lishivha (Andrew) Inc Attorneys

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the transfer of the immovable properties to the first and second respondents was lawful and authorised.
  2. 2 Whether the applicant consented to the sale and transfer of the properties.
  3. 3 Whether the enforcement of the sale agreement is contrary to public policy.

Ratio Decidendi

The applicant was the executrix of her late husband's estate and had appointed the sixth and seventh respondents to administer the estate, including the sale of immovable properties. The applicant was consulted regarding the offers to purchase and consented to the sale and transfer, instructing the seventh respondent to obtain court authorisation when some beneficiaries refused consent. The applicant signed all necessary documents, and the transfer was lawfully effected. Her subsequent denial of consent was contradicted by her own admissions in the replying affidavit. The attempt to shift the basis of her claim to public policy and constitutional grounds was not supported by the facts or...

Court Disposition

Application dismissed with costs on the scale as between attorney and client.

Orders

  • The application is dismissed with costs on the scale as between attorney and client.