Rosey and Others v Semppe and Others (2193/2013) [2015] ZAFSHC 15 (29 January 2015)

Rosey and Others v Semppe and Others (2193/2013) [2015] ZAFSHC 15 (29 January 2015)

The court found that the plaintiffs failed to prove, on a balance of probabilities, that the second and third defendants received notice of the withdrawal of the letters of authority prior to the sale. The evidence did not establish that the defendants knew of the existence of a valid will or that the plaintiffs had rights to the property at the time of sale. The first defendant was found to be an innocent transferee who purchased the property in good faith, relying on the conveyancer and the apparent authority of the sellers. There was no evidence of fraud or complicity on his part. The plaintiffs did not discharge the onus required to set aside the transfer or obtain the relief sought....

Citation
[2015] ZAFSHC 15
Parties
Plaintiff: Sebotsa Kedibone Rosey; Plaintiff: Joyce Kelebogile Davids; Plaintiff: Pulane Alinah Matutu; Plaintiff: Susan Nkaki; Defendant: Tshepo Humphrey Semppe; Defendant: Tumelo Patgavian Coangae; Defendant: Kedibone Rosey Coangae; Defendant: Registrar of Deeds
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 January 2015
Case Number
2193/2013
Procedural Posture
Civil Trial / Judgment
Outcome
Plaintiffs' action dismissed with costs awarded to the first defendant.
Judges
Molemela
Legal Topics
Transfer of Immovable Property, Intestate Succession, Validity of Will, Innocent Transferee, Letters of Authority, Costs Award
Land and Property Civil Procedure Transfer of Immovable Property Intestate Succession Validity of Will Innocent Transferee Letters of Authority Costs Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sebotsa Kedibone Rosey

Plaintiff

Joyce Kelebogile Davids

Plaintiff

Pulane Alinah Matutu

Plaintiff

Susan Nkaki

Plaintiff

Tshepo Humphrey Semppe

Defendant

Tumelo Patgavian Coangae

Defendant

Kedibone Rosey Coangae

Defendant

Registrar of Deeds

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the letters of authority issued by the Master were validly withdrawn before the sale of the property.
  2. 2 Whether the second and third defendants knew of the existence of a valid will bequeathing the property to the plaintiffs.
  3. 3 Whether the first defendant was aware of any dispute or lack of authority regarding the sale of the property.

Ratio Decidendi

The court found that the plaintiffs failed to prove, on a balance of probabilities, that the second and third defendants received notice of the withdrawal of the letters of authority prior to the sale. The evidence did not establish that the defendants knew of the existence of a valid will or that the plaintiffs had rights to the property at the time of sale. The first defendant was found to be an innocent transferee who purchased the property in good faith, relying on the conveyancer and the apparent authority of the sellers. There was no evidence of fraud or complicity on his part. The plaintiffs did not discharge the onus required to set aside the transfer or obtain the relief sought....

Court Disposition

Plaintiffs' action dismissed with costs awarded to the first defendant.

Orders

  • The plaintiffs’ action is dismissed.
  • The plaintiffs are directed to jointly and severally pay the costs of the first defendant, the one paying the other to be absolved.