Saligee-Quickfall v Daniels And Others (12659/2011) [2015] ZAWCHC 115 (10 June 2015)

Saligee-Quickfall v Daniels And Others (12659/2011) [2015] ZAWCHC 115 (10 June 2015)

The court found that the plaintiff had established, on a balance of probabilities, that the first and second defendants had knowledge of her prior right to claim transfer of the property at the time of registration. This was supported by documentary evidence and testimony regarding communications and meetings. The court held that the doctrine of notice applied, giving the plaintiff's personal right precedence over the subsequent real right acquired by the defendants. The alleged cancellation of the agreement was not substantiated by evidence and was inconsistent with the plaintiff's continued payments and conduct. The mortgage bond held by the fourth defendant was acknowledged as...

Citation
[2015] ZAWCHC 115
Parties
Plaintiff: Emelda Pauline Saligee-Quickfall; Defendant: Ester Daniels; Defendant: Rudolf Daniels; Defendant: Thomas Keyster; Defendant: Standard Bank of South Africa Limited; Defendant: Registrar of Deeds
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
10 June 2015
Case Number
12659/2011
Procedural Posture
Civil Action / Final Judgment
Outcome
Judgment for the plaintiff. The property is to be transferred to the plaintiff free of any mortgage bond. Costs awarded against the first and second defendants.
Judges
A P Blignault
Legal Topics
Transfer of Immovable Property, Doctrine of Notice, Double Sale, Specific Performance, Registration of Transfer
Land and Property Civil Procedure Transfer of Immovable Property Doctrine of Notice Double Sale Specific Performance Registration of Transfer

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Emelda Pauline Saligee-Quickfall

Plaintiff

Ester Daniels

Defendant

Rudolf Daniels

Defendant

Thomas Keyster

Defendant

Standard Bank of South Africa Limited

Defendant

Registrar of Deeds

Defendant

Procedural Posture

Civil Action / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to transfer of the property from the first and second defendants based on a prior sale agreement.
  2. 2 Whether the doctrine of notice applies to defeat the subsequent transfer to the defendants.
  3. 3 Whether the defendants had knowledge of the plaintiff's personal right to claim transfer at the time of registration.

Ratio Decidendi

The court found that the plaintiff had established, on a balance of probabilities, that the first and second defendants had knowledge of her prior right to claim transfer of the property at the time of registration. This was supported by documentary evidence and testimony regarding communications and meetings. The court held that the doctrine of notice applied, giving the plaintiff's personal right precedence over the subsequent real right acquired by the defendants. The alleged cancellation of the agreement was not substantiated by evidence and was inconsistent with the plaintiff's continued payments and conduct. The mortgage bond held by the fourth defendant was acknowledged as...

Court Disposition

Judgment for the plaintiff. The property is to be transferred to the plaintiff free of any mortgage bond. Costs awarded against the first and second defendants.

Orders

  • The Registrar of Deeds is authorised to transfer Erf 9028, Beaverhead Street 39, Sherwood Park, Atlantis, Western Cape Province, free of any mortgage bond to the plaintiff.
  • The first and second defendants are ordered to sign all documents and take all steps necessary to transfer the property free of any mortgage bond to the plaintiff as soon as practicable.