Mogoera v Bosaaletse and Others (3222/2013) [2015] ZAFSHC 132 (26 June 2015)

Mogoera v Bosaaletse and Others (3222/2013) [2015] ZAFSHC 132 (26 June 2015)

The application for leave to appeal was dismissed because there were no reasonable prospects that another court would reach a different conclusion on the facts or law. Rectification was not possible as no valid deed of sale existed, and even if it were possible, the trustees were innocent third parties who would be...

Source-derived case information.

Citation
[2015] ZAFSHC 132
Parties
Applicant: Wilhelmina Madika Mogoera; Respondent: Thabo David Bosaaletse; Respondent: Laurence Ngoafela Lekoatsa N.O; Respondent: Mpho Lorraine Lekoatsa N.O; Respondent: Tshweu Peter Tsotetsi N.O; Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 June 2015
Case Number
3222/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment Dismissing Applicant's Case
Outcome
Application for leave to appeal dismissed with costs.
Judges
J.P. Daffue
Legal Topics
Rectification of Contract, Alienation of Land Act, Innocent Third Party Protection, Real Agreement Transfer, Doctrine of Notice
Land and Property Civil Procedure Rectification of Contract Alienation of Land Act Innocent Third Party Protection Real Agreement Transfer Doctrine of Notice

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Parties

Wilhelmina Madika Mogoera

Applicant

Thabo David Bosaaletse

Respondent

Laurence Ngoafela Lekoatsa N.O

Respondent

Mpho Lorraine Lekoatsa N.O

Respondent

Tshweu Peter Tsotetsi N.O

Respondent

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment Dismissing Applicant's Case

Legal Issues

  1. 1 Whether rectification of the deed of sale was possible in circumstances where no valid agreement existed.
  2. 2 Whether the trustees were innocent third parties who would be unfairly affected by rectification.
  3. 3 Whether section 19 of the Alienation of Land Act applied to the transaction.

Ratio Decidendi

The application for leave to appeal was dismissed because there were no reasonable prospects that another court would reach a different conclusion on the facts or law. Rectification was not possible as no valid deed of sale existed, and even if it were possible, the trustees were innocent third parties who would be unfairly affected. Section 19 of the Alienation of Land Act did not apply to the transaction, as it was not a sale in instalments over more than one year. The real agreement between the seller and the trustees was invalid at the time of signing due to lack of authority, but transfer was effected after compliance with statutory requirements. The trustees were bona fide...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application is dismissed with costs.