Ndala and Another v Moleele and Others (69254/2011) [2015] ZAGPPHC 92 (13 February 2015)

Ndala and Another v Moleele and Others (69254/2011) [2015] ZAGPPHC 92 (13 February 2015)

The court found that the Moleeles had complied with the Deed of Settlement by providing a bank guarantee cheque for R220,000.00 timeously, and that the Deed of Settlement and interim interdict remained operative. The subsequent transfer of the property to the Ndalas was irregular and void, as the Ndalas and their attorney were aware of the prior agreement and court order. The application for eviction by the Ndalas was dismissed, and the transfer in their favour was ordered to be cancelled. The conduct of the Mabuas and Ndalas, while irregular, did not amount to contempt of court as wilfulness and mala fides were not proven beyond reasonable doubt. Costs were awarded against Attorney Ndala...

Citation
[2015] ZAGPPHC 92
Parties
Applicant: Philemon Ndala; Applicant: Nelly Ndala; Respondent: Michael Lesonya Moleele; Respondent: Shirley Shubi Elsie Moleele; Respondent: John Sebelane Mabua; Respondent: Reshoketswe Emily Mabua; Respondent: City of Tshwane Municipality; Respondent: Registrar of Deeds, Pretoria; Respondent: Conveyancer Nakkie du Toit; Respondent: Attorney AO Ndala
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 February 2015
Case Number
69254/2011
Procedural Posture
Civil Application / Judgment
Outcome
Application in convention dismissed; application in reconvention granted in part; transfer to Ndalas cancelled; costs awarded against Attorney Ndala and respondents in reconvention.
Judges
TJ Raulinga
Legal Topics
Double Sale, Transfer of Property, Contempt of Court, Setting Aside Transfer, Costs Order
Land and Property Civil Procedure Double Sale Transfer of Property Contempt of Court Setting Aside Transfer Costs Order

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Parties

Philemon Ndala

Applicant

Nelly Ndala

Applicant

Michael Lesonya Moleele

Respondent

Shirley Shubi Elsie Moleele

Respondent

John Sebelane Mabua

Respondent

Reshoketswe Emily Mabua

Respondent

City of Tshwane Municipality

Respondent

Registrar of Deeds, Pretoria

Respondent

Conveyancer Nakkie du Toit

Respondent

Attorney AO Ndala

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the transfer of Erf 1426, Mabopane Unit U to the Ndalas was valid in light of the prior Deed of Settlement and court order.
  2. 2 Whether the Moleeles complied with the terms of the Deed of Settlement regarding payment of R220,000.00.
  3. 3 Whether the subsequent transfer and sale between the Mabuas and Ndalas was irregular and void.

Ratio Decidendi

The court found that the Moleeles had complied with the Deed of Settlement by providing a bank guarantee cheque for R220,000.00 timeously, and that the Deed of Settlement and interim interdict remained operative. The subsequent transfer of the property to the Ndalas was irregular and void, as the Ndalas and their attorney were aware of the prior agreement and court order. The application for eviction by the Ndalas was dismissed, and the transfer in their favour was ordered to be cancelled. The conduct of the Mabuas and Ndalas, while irregular, did not amount to contempt of court as wilfulness and mala fides were not proven beyond reasonable doubt. Costs were awarded against Attorney Ndala...

Court Disposition

Application in convention dismissed; application in reconvention granted in part; transfer to Ndalas cancelled; costs awarded against Attorney Ndala and respondents in reconvention.

Orders

  • The application in convention is dismissed as a whole.
  • The Deed of Transfer number 00167211 dated January 2011 in respect of Erf 1426 Mabopane-U township in favour of the 1st and 2nd respondents (in reconvention) is cancelled.