Rakau v Manqele and Another (36238/2007) [2008] ZAGPHC 60 (8 February 2008)

Rakau v Manqele and Another (36238/2007) [2008] ZAGPHC 60 (8 February 2008)

The court found that the suspensive condition in the sale agreement between the sellers and the first respondent was not enforceable as the loan amount was marked 'not applicable'. There was no evidence that the cancellation procedure, as stipulated in the agreement, was followed, specifically no proof of a registered letter requesting the first respondent to remedy her default. The applicant failed to establish that the first respondent acted fraudulently or made misrepresentations regarding the registration of the property. The balance of the purchase price was alleged to have been paid into the attorneys' trust account, and there was insufficient evidence to prove otherwise. The...

Citation
[2008] ZAGPHC 60
Parties
Applicant: Abram Rakau; Respondent: Sarah Joyce Manqele; Respondent: The Registrar of Deeds
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
8 February 2008
Case Number
36238/2007
Procedural Posture
Civil Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
A.P. Ledwaba
Legal Topics
Cancellation of Sale Agreement, Transfer of Property, Title Deed Dispute, Specific Performance
Land and Property Civil Procedure Cancellation of Sale Agreement Transfer of Property Title Deed Dispute Specific Performance

Case Brief

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Parties

Abram Rakau

Applicant

Sarah Joyce Manqele

Respondent

The Registrar of Deeds

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the sale agreement between the sellers and the first respondent was validly cancelled.
  2. 2 Whether the first respondent fraudulently registered the property in her name.
  3. 3 Whether the applicant is entitled to have the title deed cancelled and awarded to him.

Ratio Decidendi

The court found that the suspensive condition in the sale agreement between the sellers and the first respondent was not enforceable as the loan amount was marked 'not applicable'. There was no evidence that the cancellation procedure, as stipulated in the agreement, was followed, specifically no proof of a registered letter requesting the first respondent to remedy her default. The applicant failed to establish that the first respondent acted fraudulently or made misrepresentations regarding the registration of the property. The balance of the purchase price was alleged to have been paid into the attorneys' trust account, and there was insufficient evidence to prove otherwise. The...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs, including the wasted costs occasioned by the postponement on 4 October 2007.