Mendelow NO and Another v Master of the High Court Pretoria and Others (75130/2009) [2012] ZAGPPHC 94 (6 June 2012)

Mendelow NO and Another v Master of the High Court Pretoria and Others (75130/2009) [2012] ZAGPPHC 94 (6 June 2012)

The court found that the applicants, as duly appointed executors, had the necessary locus standi to bring the application. The transfer of the property from the estate to U Valente Africa (Pty) Limited was procured through fraudulent acts by the eighth respondent, including forgery and misrepresentation to the Master. The Master was unlawfully induced to issue the section 42(2) certificate, and the subsequent transfer and registration of the mortgage bond were both fraudulent and void under section 341(2) of the Companies Act. The delay in bringing the review application was reasonable and condoned under PAJA, as the applicants acted promptly upon their appointment and the estate could...

Citation
[2012] ZAGPPHC 94
Parties
Applicant: Ronald Mendelow N.O.; Applicant: Lazarus Ledwaba N.O.; Respondent: Master of the High Court Pretoria; Respondent: Master of the High Court Johannesburg; Respondent: Registrar of Deeds Pretoria; Respondent: Theodore van den Heever N.O.; Respondent: Karen Keevey N.O.; Respondent: Imperial Bank Limited; Respondent: Patrick Henry Cronin; Respondent: Riccardo Rosser Valente
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 June 2012
Case Number
75130/2009
Procedural Posture
Review Application / Final Judgment on Application for Review and Setting Aside of Administrative Action
Outcome
Application granted. The certificate issued by the Master, the transfer of the property, and the mortgage bond are set aside. The property is to revert to the estate for administration by the applicants. Costs awarded against the eighth and sixth respondents.
Judges
S.A.M. Baqwa
Legal Topics
Promotion of Administrative Justice Act, Fraudulent Transfer of Property, Locus Standi, Condonation of Delay, Mortgage Bond Cancellation, Estoppel
Administrative Law Land and Property Civil Procedure Promotion of Administrative Justice Act Fraudulent Transfer of Property Locus Standi Condonation of Delay Mortgage Bond Cancellation +1 more

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Parties

Ronald Mendelow N.O.

Applicant

Lazarus Ledwaba N.O.

Applicant

Master of the High Court Pretoria

Respondent

Master of the High Court Johannesburg

Respondent

Registrar of Deeds Pretoria

Respondent

Theodore van den Heever N.O.

Respondent

Karen Keevey N.O.

Respondent

Imperial Bank Limited

Respondent

Patrick Henry Cronin

Respondent

Riccardo Rosser Valente

Respondent

Procedural Posture

Review Application / Final Judgment on Application for Review and Setting Aside of Administrative Action

Legal Issues

  1. 1 Whether the certificate issued by the Master in terms of section 42(2) of the Administration of Estates Act was unlawfully procured by fraud and should be set aside.
  2. 2 Whether the transfer of immovable property from the deceased estate to U Valente Africa (Pty) Limited should be reversed.
  3. 3 Whether the registration of the mortgage bond in favour of Imperial Bank Limited is void under section 341(2) of the Companies Act.

Ratio Decidendi

The court found that the applicants, as duly appointed executors, had the necessary locus standi to bring the application. The transfer of the property from the estate to U Valente Africa (Pty) Limited was procured through fraudulent acts by the eighth respondent, including forgery and misrepresentation to the Master. The Master was unlawfully induced to issue the section 42(2) certificate, and the subsequent transfer and registration of the mortgage bond were both fraudulent and void under section 341(2) of the Companies Act. The delay in bringing the review application was reasonable and condoned under PAJA, as the applicants acted promptly upon their appointment and the estate could...

Court Disposition

Application granted. The certificate issued by the Master, the transfer of the property, and the mortgage bond are set aside. The property is to revert to the estate for administration by the applicants. Costs awarded against the eighth and sixth respondents.

Orders

  • The certificate issued by the first respondent on 30 August 2001 in terms of section 42(2) of the Administration of Estates Act is set aside.
  • The transfer of the property by the former executors to U Valente Africa (Pty) Limited under deed of transfer No. T120046/2001 is set aside.