Motone and Another v Siyaphi and Another (795/2017) [2018] ZANCHC 35 (15 June 2018)

Motone and Another v Siyaphi and Another (795/2017) [2018] ZANCHC 35 (15 June 2018)

The court found that the applicants' damages arose from the deed of sale, and its cancellation did not negate the obligation to repay the R150,000. The respondent's point in limine was dismissed as the substance of the claim was valid despite the cancellation. The respondent's counterclaim was not substantiated by evidence and did not justify referral to trial, as the affidavit of the investigating officer contradicted the respondent's version and no civil claim had been instituted. The applicants established their entitlement to repayment and costs, and the respondent's defence failed.

Citation
[2018] ZANCHC 35
Parties
Applicant: Ignatius Mosimaneotsile Motone; Applicant: Boitumelo Angelique Motone; Respondent: France Siyaphi; Respondent: Registrar of Deeds
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
15 June 2018
Case Number
795/2017
Procedural Posture
Civil Application / Opposed Motion; Judgment After Hearing
Outcome
Application granted; prayers 2 and 3 of the Amended Notice of Motion are granted.
Judges
Vuma
Legal Topics
Breach of Contract, Specific Performance, Set Off, Sale of Land, Damages
Civil Procedure Land and Property Breach of Contract Specific Performance Set Off Sale of Land Damages

Case Brief

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Parties

Ignatius Mosimaneotsile Motone

Applicant

Boitumelo Angelique Motone

Applicant

France Siyaphi

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Civil Application / Opposed Motion; Judgment After Hearing

Legal Issues

  1. 1 Whether the application was brought on a wrong cause of action.
  2. 2 Whether there exists a reasonably foreseeable dispute of fact justifying referral to trial.

Ratio Decidendi

The court found that the applicants' damages arose from the deed of sale, and its cancellation did not negate the obligation to repay the R150,000. The respondent's point in limine was dismissed as the substance of the claim was valid despite the cancellation. The respondent's counterclaim was not substantiated by evidence and did not justify referral to trial, as the affidavit of the investigating officer contradicted the respondent's version and no civil claim had been instituted. The applicants established their entitlement to repayment and costs, and the respondent's defence failed.

Court Disposition

Application granted; prayers 2 and 3 of the Amended Notice of Motion are granted.

Orders

  • The applicants succeed in their application.
  • The first respondent is ordered to pay the applicants the amount of R150,000 within 15 days from the date of order.