Samtoy CC trading as AJ Estate Agents v RMS Corporate Solutions (Pty) Ltd and Others (75623/2013) [2017] ZAGPPHC 922 (14 December 2017)

Samtoy CC trading as AJ Estate Agents v RMS Corporate Solutions (Pty) Ltd and Others (75623/2013) [2017] ZAGPPHC 922 (14 December 2017)

The court found that the applicant had raised issues in its application for leave to appeal that present a reasonable prospect of another court reaching different conclusions, particularly regarding the rectification of the sale agreement and the application of prescription. The applicant's absence and lack of...

Source-derived case information.

Citation
[2017] ZAGPPHC 922
Parties
Applicant: Samtoy CC trading as AJ Estate Agents; Respondent: RMS Corporate Solutions (Pty) Ltd; Respondent: The Master of the High Court; Respondent: The Registrar of Deeds; Respondent: Philip Reynolds NO; Respondent: Nieuco Properties1013 (Pty) Ltd; Respondent: The Minister of Finance; Respondent: The Commissioner for the South African Revenue Services; Respondent: The Companies and Intellectual Property Commission
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 December 2017
Case Number
75623/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Full Court
Outcome
Leave to appeal granted to the Full Court of the Gauteng Division of the High Court, Pretoria.
Judges
S C Mia
Legal Topics
Leave to Appeal, Rectification of Contract, Prescription, Transfer of Property
Civil Procedure Land and Property Leave to Appeal Rectification of Contract Prescription Transfer of Property

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Parties

Samtoy CC trading as AJ Estate Agents

Applicant

RMS Corporate Solutions (Pty) Ltd

Respondent

The Master of the High Court

Respondent

The Registrar of Deeds

Respondent

Philip Reynolds NO

Respondent

Nieuco Properties1013 (Pty) Ltd

Respondent

The Minister of Finance

Respondent

The Commissioner for the South African Revenue Services

Respondent

The Companies and Intellectual Property Commission

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Full Court

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal against the judgment and order of 26 September 2017.
  2. 2 Whether there is a reasonable prospect that another court may reach a different conclusion regarding rectification and prescription.
  3. 3 Whether the applicant's absence and lack of representation justify striking the matter from the roll.

Ratio Decidendi

The court found that the applicant had raised issues in its application for leave to appeal that present a reasonable prospect of another court reaching different conclusions, particularly regarding the rectification of the sale agreement and the application of prescription. The applicant's absence and lack of representation did not justify striking the matter from the roll, as the interests of justice and the prejudice to the respondent were considered. The requirements for granting leave to appeal under Section 17(1)(a)(i) of the Superior Courts Act were met, and the applicant was granted leave to appeal to the Full Court.

Court Disposition

Leave to appeal granted to the Full Court of the Gauteng Division of the High Court, Pretoria.

Orders

  • The applicant is granted leave to appeal to the Full Court of the Gauteng Division of the High Court, Pretoria.
  • The cost of this application shall be in the cause of the appeal.