Perreira v Chetty and Others (2017/0039645) [2019] ZAGPJHC 239 (11 June 2019)

Perreira v Chetty and Others (2017/0039645) [2019] ZAGPJHC 239 (11 June 2019)

The court found that the applicant's claim to ownership of the 100% members' interest in the close corporation, and the relief sought, would require reconsideration of issues already determined in previous eviction proceedings. The parties, cause of action, and subject matter are substantially the same, and the applicant could have raised her claim for re-transfer or re-registration in the earlier proceedings but failed to do so. The elements of res judicata, in the form of issue estoppel, are present. Furthermore, the doctrine of lis pendens applies as the dispute over membership of the close corporation is still pending in an application for leave to appeal. It would be impermissible...

Citation
[2019] ZAGPJHC 239
Parties
Applicant: Gloria Ntombiyoxolo Perreira; Respondent: Laveshan Chetty; Respondent: Stand [...] Hurlingham Extension 5 CC; Respondent: The Companies and Intellectual Property Commission
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 June 2019
Case Number
2017/0039645
Procedural Posture
Civil Application / First Instance
Outcome
Application dismissed with costs.
Judges
Bokaba
Legal Topics
Close Corporation Membership, Res Judicata, Lis Pendens, Eviction Proceedings, Ownership Dispute, Sale in Execution
Land and Property Civil Procedure Commercial and Corporate Close Corporation Membership Res Judicata Lis Pendens Eviction Proceedings Ownership Dispute +1 more

Case Brief

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Parties

Gloria Ntombiyoxolo Perreira

Applicant

Laveshan Chetty

Respondent

Stand [...] Hurlingham Extension 5 CC

Respondent

The Companies and Intellectual Property Commission

Respondent

Procedural Posture

Civil Application / First Instance

Legal Issues

  1. 1 Whether the applicant is the owner of the 100% members' interest in the close corporation that owns the property.
  2. 2 Whether the relief sought is barred by the doctrine of res judicata due to previous litigation.
  3. 3 Whether the doctrine of lis pendens applies given the pending application for leave to appeal.

Ratio Decidendi

The court found that the applicant's claim to ownership of the 100% members' interest in the close corporation, and the relief sought, would require reconsideration of issues already determined in previous eviction proceedings. The parties, cause of action, and subject matter are substantially the same, and the applicant could have raised her claim for re-transfer or re-registration in the earlier proceedings but failed to do so. The elements of res judicata, in the form of issue estoppel, are present. Furthermore, the doctrine of lis pendens applies as the dispute over membership of the close corporation is still pending in an application for leave to appeal. It would be impermissible...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.