Motsima and Another v Kopa and Others (2296/2019) [2019] ZAFSHC 113 (4 July 2019)

Motsima and Another v Kopa and Others (2296/2019) [2019] ZAFSHC 113 (4 July 2019)

The court found that there was a relationship between the applicants and the first and second respondents arising from a verbal agreement, and that the applicants retained a say in the disposal of the property. The applicants demonstrated a prima facie right to seek protection of their interests pending the main action, and the balance of convenience favoured maintaining the status quo to prevent irreparable harm. The requirements for an interim interdict were satisfied, and the court granted the relief sought, prohibiting the transfer and registration of the property until the main action is finalised. Costs were ordered to be in the cause.

Citation
[2019] ZAFSHC 113
Parties
Applicant: Phillip Tshepiso Motsima; Applicant: Thandiwe Patience Motsima; Respondent: Liphapang Albert Kopa; Respondent: Nthabiseng Mosoeu-Kopa; Respondent: The Trustees of the Time Being for the C & D Investment Trust; Respondent: The Registrar of Deeds, Free State Province; Respondent: The Trustees for the Time Being of the Van der Merwe Family Trust
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 July 2019
Case Number
2296/2019
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Finalisation of Main Action
Outcome
Interim interdict granted; transfer and registration of the property prohibited pending finalisation of the main action; costs in the cause.
Judges
MBHELE
Legal Topics
Interim Interdict, Alienation of Land Act, Pactum Commissorium, Urgent Application, Condonation, Transfer of Immovable Property
Land and Property Civil Procedure Interim Interdict Alienation of Land Act Pactum Commissorium Urgent Application Condonation Transfer of Immovable Property

Case Brief

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Parties

Phillip Tshepiso Motsima

Applicant

Thandiwe Patience Motsima

Applicant

Liphapang Albert Kopa

Respondent

Nthabiseng Mosoeu-Kopa

Respondent

The Trustees of the Time Being for the C & D Investment Trust

Respondent

The Registrar of Deeds, Free State Province

Respondent

The Trustees for the Time Being of the Van der Merwe Family Trust

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Finalisation of Main Action

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict preventing transfer of the property pending the main action.
  2. 2 Whether the agreements between the parties constitute a pactum commissorium or a conditional sale agreement.
  3. 3 Whether the urgency of the application was self-created by the applicants.

Ratio Decidendi

The court found that there was a relationship between the applicants and the first and second respondents arising from a verbal agreement, and that the applicants retained a say in the disposal of the property. The applicants demonstrated a prima facie right to seek protection of their interests pending the main action, and the balance of convenience favoured maintaining the status quo to prevent irreparable harm. The requirements for an interim interdict were satisfied, and the court granted the relief sought, prohibiting the transfer and registration of the property until the main action is finalised. Costs were ordered to be in the cause.

Court Disposition

Interim interdict granted; transfer and registration of the property prohibited pending finalisation of the main action; costs in the cause.

Orders

  • Condonation is granted to the applicants for non-compliance with the rules regarding time periods, service and form; application heard as urgent.
  • Pending finalisation of the main action, the first, second and fifth respondents are prohibited and interdicted from transferring the property from the first and second respondents to the fifth respondent.