Rampedi and Another v Njisane and Others (03876/2014) [2015] ZAGPJHC 184 (3 August 2015)

Rampedi and Another v Njisane and Others (03876/2014) [2015] ZAGPJHC 184 (3 August 2015)

The court found that the liquidator was properly appointed under a court order and settlement agreement to dispose of the property and had authority to sign transfer documents on behalf of the respondents. The respondents failed to produce any valid written agreement amending the settlement or divorce order. The alleged fraud was not supported by evidence and did not warrant referral to oral evidence. The respondents' subjective intention to halt transfer was legally irrelevant, as the liquidator acted under the authority of the court order, and the real agreement for transfer existed. The technical objection regarding PIE notice was dismissed as lacking merit and substance. The...

Citation
[2015] ZAGPJHC 184
Parties
Applicant: Madumo Winston Rampedi; Applicant: Thabeiki Rampedi; Respondent: Lulama Zenithi Njisane; Respondent: Mzukisi Njisane; Interested Party: Hendrie Andres Marias; Interested Party: Registrar of Deeds, Johannesburg; Interested Party: Absa Bank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 August 2015
Case Number
03876/2014
Procedural Posture
Eviction Application / Judgment After Opposed Application and Counter Application
Outcome
Counter-application dismissed; eviction order granted against respondents.
Judges
R Keightley
Legal Topics
Eviction Under Pie, Authority of Liquidator, Transfer of Immovable Property, Real Agreement, Interpretation of Settlement Agreement
Land and Property Civil Procedure Eviction Under Pie Authority of Liquidator Transfer of Immovable Property Real Agreement Interpretation of Settlement Agreement

Case Brief

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Parties

Madumo Winston Rampedi

Applicant

Thabeiki Rampedi

Applicant

Lulama Zenithi Njisane

Respondent

Mzukisi Njisane

Respondent

Hendrie Andres Marias

Interested Party

Registrar of Deeds, Johannesburg

Interested Party

Absa Bank Limited

Interested Party

Procedural Posture

Eviction Application / Judgment After Opposed Application and Counter Application

Legal Issues

  1. 1 Whether the liquidator acted fraudulently in transferring the property to the applicants.
  2. 2 Whether the liquidator had authority under the divorce order and settlement agreement to sign transfer documents on behalf of the respondents.
  3. 3 Whether the real agreement necessary for transfer of ownership was absent at the time of registration of transfer.

Ratio Decidendi

The court found that the liquidator was properly appointed under a court order and settlement agreement to dispose of the property and had authority to sign transfer documents on behalf of the respondents. The respondents failed to produce any valid written agreement amending the settlement or divorce order. The alleged fraud was not supported by evidence and did not warrant referral to oral evidence. The respondents' subjective intention to halt transfer was legally irrelevant, as the liquidator acted under the authority of the court order, and the real agreement for transfer existed. The technical objection regarding PIE notice was dismissed as lacking merit and substance. The...

Court Disposition

Counter-application dismissed; eviction order granted against respondents.

Orders

  • The First and Second Respondents’ counter-application is dismissed.
  • The First and Second Respondents, and all persons occupying through or under them, are directed to vacate the immovable property situated at 3... V........ Street, Roodepoort, held under Title Deed T47357/2013 within 30 calendar days of the date of this order.