Myeza v Mtlokwana (2023-005686) [2023] ZAGPPHC 1899 (6 November 2023)

Myeza v Mtlokwana (2023-005686) [2023] ZAGPPHC 1899 (6 November 2023)

The court found that the applicant failed to place a valid and complete settlement agreement before the court, as the document relied upon was incomplete, lacked proper signatures, and contained discrepancies in the description of the properties. Even if the settlement agreement were valid, the applicant's claim to enforce transfer of the properties would have prescribed in terms of section 11(d) of the Prescription Act, as more than three years had elapsed since the alleged conclusion of the agreement in July 2015. The applicant's argument that his claim was not a debt was rejected, as obligations to transfer property fall within the definition of debt for prescription purposes. The...

Citation
[2023] ZAGPPHC 1899
Parties
Applicant: Nthuthuko Sinethemba Myeza; Respondent: Truth Ntando Mtlokwana
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 November 2023
Case Number
2023-005686
Procedural Posture
Civil Application / First Instance
Outcome
Application dismissed with costs.
Judges
MB Mokoena
Legal Topics
Prescription Act, Enforcement of Settlement Agreement, Transfer of Immovable Property, Costs Order
Civil Procedure Land and Property Prescription Act Enforcement of Settlement Agreement Transfer of Immovable Property Costs Order

Case Brief

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Parties

Nthuthuko Sinethemba Myeza

Applicant

Truth Ntando Mtlokwana

Respondent

Procedural Posture

Civil Application / First Instance

Legal Issues

  1. 1 Whether a valid and enforceable settlement agreement exists between the parties.
  2. 2 Whether the applicant's claim for transfer of immovable properties has prescribed under the Prescription Act.
  3. 3 Whether the applicant is entitled to the relief sought in respect of the transfer and proceeds of the properties.

Ratio Decidendi

The court found that the applicant failed to place a valid and complete settlement agreement before the court, as the document relied upon was incomplete, lacked proper signatures, and contained discrepancies in the description of the properties. Even if the settlement agreement were valid, the applicant's claim to enforce transfer of the properties would have prescribed in terms of section 11(d) of the Prescription Act, as more than three years had elapsed since the alleged conclusion of the agreement in July 2015. The applicant's argument that his claim was not a debt was rejected, as obligations to transfer property fall within the definition of debt for prescription purposes. The...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is to pay the costs of this application on party and party scale, including the costs of counsel employed in the matter.