Mulder v Fourie N.O and Others (66730/17) [2020] ZAGPPHC 210 (12 May 2020)

Mulder v Fourie N.O and Others (66730/17) [2020] ZAGPPHC 210 (12 May 2020)

The court found that it had jurisdiction to enforce its own orders, regardless of the location of the properties or the residence of the parties. The applicant, through his attorney, had knowledge of the settlement agreement between Nel and the Trust, and such knowledge is imputed to him. Nel, as the successful...

Source-derived case information.

Citation
[2020] ZAGPPHC 210
Parties
Applicant: Emanuel Mulder; Respondent: Joseph Markus Fourie N.O.; Respondent: Second Respondent (Trustee of the Joey Fourie Trust); Respondent: Third Respondent (Trustee of the Joey Fourie Trust); Respondent: Deon Nel; Respondent: Registrar of Deeds, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 May 2020
Case Number
66730/17
Procedural Posture
Civil Application / Opposed Application for Enforcement of Prior Court Order
Outcome
Application dismissed with costs.
Judges
C.J. Collis
Legal Topics
Deeds Registries Act, Enforcement of Court Orders, Abandonment of Judgment, Jurisdiction, Settlement Agreement, Transfer of Immovable Property
Land and Property Civil Procedure Deeds Registries Act Enforcement of Court Orders Abandonment of Judgment Jurisdiction Settlement Agreement Transfer of Immovable Property

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Parties

Emanuel Mulder

Applicant

Joseph Markus Fourie N.O.

Respondent

Second Respondent (Trustee of the Joey Fourie Trust)

Respondent

Third Respondent (Trustee of the Joey Fourie Trust)

Respondent

Deon Nel

Respondent

Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Civil Application / Opposed Application for Enforcement of Prior Court Order

Legal Issues

  1. 1 Whether the court has jurisdiction to adjudicate the application.
  2. 2 Whether Mulder had knowledge of the settlement agreement and is entitled to seek enforcement of the Prinsloo J order.
  3. 3 Whether Nel, by concluding the settlement agreement to the exclusion of Mulder, effectively abandoned the order of Prinsloo J.

Ratio Decidendi

The court found that it had jurisdiction to enforce its own orders, regardless of the location of the properties or the residence of the parties. The applicant, through his attorney, had knowledge of the settlement agreement between Nel and the Trust, and such knowledge is imputed to him. Nel, as the successful party in the original proceedings, was entitled to abandon the judgment of Prinsloo J without Mulder's consent. The relief sought by Mulder was legally untenable because the properties were no longer registered in the name of the Trust but in the name of Nel, and any cancellation of the current deed would result in re-registration to the Trust, not to Mulder. Furthermore, Mulder...

Court Disposition

Application dismissed with costs.

Orders

  • The point in limine raised by the fourth respondent is dismissed with costs, including costs for senior counsel.
  • The application is dismissed with costs on an attorney and client scale.