Shibambo v Shibambo and Others (40329/06) [2007] ZAGPHC 117 (22 June 2007)

Shibambo v Shibambo and Others (40329/06) [2007] ZAGPHC 117 (22 June 2007)

The court found that the applicant had no direct or substantial interest in the properties subject to the order granted on 14 December 2006. The properties were owned by the company, and the applicant's roles as creditor, director, or executor did not confer standing in respect of the transfer or prohibition thereof. The applicant was not a party to the original proceedings and had no legal interest affected by the order. Consequently, the applicant lacked locus standi to seek rescission, and the application was dismissed with costs.

Citation
[2007] ZAGPHC 117
Parties
Applicant: Daniel Diphaphang Shibambo; Respondent: Florence Nomthandozo Shibambo; Respondent: Emmanuel George Shibambo; Respondent: Elias Mozi Shibambo; Respondent: Edmund Shibambo; Respondent: Lorraine Shibambo; Respondent: Sophie Shikwamani Shibambo; Respondent: Augustine Shibambo; Respondent: Star Arts Productions CC; Respondent: Phillipus Giovanni Torre N.O.; Respondent: Gail Lynn Warricker N.O.; Respondent: Registrar of Deeds, Pretoria; Respondent: Master of the High Court, Pretoria; Respondent: Master of the High Court, Mmabatho; Respondent: Cosmopolitan Projects (Tshwane) (Pty) Ltd
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
22 June 2007
Case Number
40329/06
Procedural Posture
Rescission Application / Judgment on Application for Rescission of Prior Order
Outcome
Application dismissed with costs.
Judges
B.R. Southwood
Legal Topics
Locus Standi, Rescission of Judgment, Transfer of Property, Liquidation and Distribution Account
Civil Procedure Land and Property Locus Standi Rescission of Judgment Transfer of Property Liquidation and Distribution Account

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Parties

Daniel Diphaphang Shibambo

Applicant

Florence Nomthandozo Shibambo

Respondent

Emmanuel George Shibambo

Respondent

Elias Mozi Shibambo

Respondent

Edmund Shibambo

Respondent

Lorraine Shibambo

Respondent

Sophie Shikwamani Shibambo

Respondent

Augustine Shibambo

Respondent

Star Arts Productions CC

Respondent

Phillipus Giovanni Torre N.O.

Respondent

Gail Lynn Warricker N.O.

Respondent

Registrar of Deeds, Pretoria

Respondent

Master of the High Court, Pretoria

Respondent

Master of the High Court, Mmabatho

Respondent

Cosmopolitan Projects (Tshwane) (Pty) Ltd

Respondent

Procedural Posture

Rescission Application / Judgment on Application for Rescission of Prior Order

Legal Issues

  1. 1 Whether the applicant has locus standi to seek rescission of the order granted on 14 December 2006.
  2. 2 Whether the applicant has a direct and substantial interest in the properties subject to the order.
  3. 3 Whether the applicant should have been joined in the original application regarding the transfer of property.

Ratio Decidendi

The court found that the applicant had no direct or substantial interest in the properties subject to the order granted on 14 December 2006. The properties were owned by the company, and the applicant's roles as creditor, director, or executor did not confer standing in respect of the transfer or prohibition thereof. The applicant was not a party to the original proceedings and had no legal interest affected by the order. Consequently, the applicant lacked locus standi to seek rescission, and the application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application for rescission is dismissed.
  • The applicant is ordered to pay the costs of the application.