Mooville (Pty) Ltd and Another v Land and Agricultural Bank of South Africa and Others (2667/17) [2019] ZAECPEHC 42 (9 July 2019)

Mooville (Pty) Ltd and Another v Land and Agricultural Bank of South Africa and Others (2667/17) [2019] ZAECPEHC 42 (9 July 2019)

The court held that the applicants have a direct and substantial legal interest in the subject matter of the main application, arising from their rights under the deed of sale for the properties. The relief sought by the Bank requires a determination of the Curator bonis's authority to sell, which directly affects the validity of the sale and the applicants' rights. The applicants have provided prima facie proof of their interest, and the application for intervention is neither frivolous nor insincere. The court found that the test for intervention is settled: a direct and substantial interest is required, and the applicants meet this criterion. The validity of the deed of sale is not for...

Citation
[2019] ZAECPEHC 42
Parties
Applicant: Mooville (Pty) Ltd; Applicant: Willem Jansen van Vuuren; Respondent: Land and Agricultural Bank of South Africa; Respondent: CPAD Farm Holdings; Respondent: Mr Mongesi Alfred Mde; Respondent: The National Director Public Prosecutions; Respondent: The Minister of Rural Development and Land Reform; Respondent: Mike Timkoe Trustees CC; Respondent: Donald George Duke Jackson; Respondent: The Master of the High Court; Respondent: Registrar of Deeds Cape Town
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
9 July 2019
Case Number
2667/17
Procedural Posture
Interlocutory Application / Application for Leave to Intervene in Main Application
Outcome
Application for leave to intervene granted.
Judges
D Van Zyl
Legal Topics
Joinder and Intervention, Forfeiture Order, Mortgage Bond Rights, Alienation of Land Act, Curator Bonis Authority
Civil Procedure Land and Property Joinder and Intervention Forfeiture Order Mortgage Bond Rights Alienation of Land Act Curator Bonis Authority

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Parties

Mooville (Pty) Ltd

Applicant

Willem Jansen van Vuuren

Applicant

Land and Agricultural Bank of South Africa

Respondent

CPAD Farm Holdings

Respondent

Mr Mongesi Alfred Mde

Respondent

The National Director Public Prosecutions

Respondent

The Minister of Rural Development and Land Reform

Respondent

Mike Timkoe Trustees CC

Respondent

Donald George Duke Jackson

Respondent

The Master of the High Court

Respondent

Registrar of Deeds Cape Town

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Intervene in Main Application

Legal Issues

  1. 1 Whether the applicants have a direct and substantial legal interest in the subject matter of the main application sufficient to justify intervention.
  2. 2 Whether the applicants have provided prima facie proof of their interest as required by Rule 12.
  3. 3 Whether the authority of the Curator bonis to sell the properties affects the applicants' rights under the deed of sale.

Ratio Decidendi

The court held that the applicants have a direct and substantial legal interest in the subject matter of the main application, arising from their rights under the deed of sale for the properties. The relief sought by the Bank requires a determination of the Curator bonis's authority to sell, which directly affects the validity of the sale and the applicants' rights. The applicants have provided prima facie proof of their interest, and the application for intervention is neither frivolous nor insincere. The court found that the test for intervention is settled: a direct and substantial interest is required, and the applicants meet this criterion. The validity of the deed of sale is not for...

Court Disposition

Application for leave to intervene granted.

Orders

  • The applicants for intervention are granted leave to intervene as second and third applicants respectively in the main application under case number 2667/2017.
  • The applicants shall deliver any further affidavit(s) required to stand as their founding affidavit(s) in the main application within fifteen days of the date of this order.