Supreme Ontwikkelings Bk and Others v Perold N.O. and Others (36416/2011) [2015] ZAGPPHC 347 (14 May 2015)

Supreme Ontwikkelings Bk and Others v Perold N.O. and Others (36416/2011) [2015] ZAGPPHC 347 (14 May 2015)

The court found that the defendants failed to properly raise the arbitration clause as a special plea and only did so as points in limine after participating in the proceedings for several years. The court held that the jurisdiction of the High Court was not ousted by the arbitration clause, especially since there was a dispute as to which house rules were applicable and an arbitrator or umpire could not issue a declaratory order on this issue. The court further found that neither Mr de Villiers nor the La Rochelle Trust were necessary parties as they no longer owned any property in the estate and had no interest in the matter. The points in limine regarding referral to arbitration and...

Citation
[2015] ZAGPPHC 347
Parties
Plaintiff: Supreme Ontwikkelings BK; Plaintiff: Tower City Trading 340 BK; Plaintiff: Henri Lamprecht Pretorius N.O.; Plaintiff: Tjarda Pretorius N.O.; Plaintiff: Matthys Christiaan Pretorius N.O.; Plaintiff: Marco Gagiano; Plaintiff: Alain Marcel Leon Joseph Hocepied; Plaintiff: Barbara Alice Hocepied; Plaintiff: Casper Johan Hendrik Botha; Plaintiff: Tukani Property (Edms) BPK; Plaintiff: Lucas Johannes Nel; Plaintiff: Barend Johannes Gysbertus Cronje; Plaintiff: Berina Cronje; Plaintiff: Wapadrand Country Estates; Defendant: Marie-Josè Katrien Perold N.O.; Defendant: Jan Hendrik Nel N.O.; Defendant: Izak Abraham Perold N.O.; Defendant: Jointshelf 1198 (Edms) BPK
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 May 2015
Case Number
36416/2011
Procedural Posture
Civil Trial / Points in Limine (preliminary Objections) Decided Before Main Action
Outcome
Points in limine dismissed; costs awarded against defendants; main action postponed sine die.
Judges
C Pretorius
Legal Topics
Joinder of Parties, Arbitration Clauses, House Rules, Servitude Rights
Civil Procedure Land and Property Joinder of Parties Arbitration Clauses House Rules Servitude Rights

Case Brief

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Parties

Supreme Ontwikkelings BK

Plaintiff

Tower City Trading 340 BK

Plaintiff

Henri Lamprecht Pretorius N.O.

Plaintiff

Tjarda Pretorius N.O.

Plaintiff

Matthys Christiaan Pretorius N.O.

Plaintiff

Marco Gagiano

Plaintiff

Alain Marcel Leon Joseph Hocepied

Plaintiff

Barbara Alice Hocepied

Plaintiff

Casper Johan Hendrik Botha

Plaintiff

Tukani Property (Edms) BPK

Plaintiff

Lucas Johannes Nel

Plaintiff

Barend Johannes Gysbertus Cronje

Plaintiff

Berina Cronje

Plaintiff

Wapadrand Country Estates

Plaintiff

Marie-Josè Katrien Perold N.O.

Defendant

Jan Hendrik Nel N.O.

Defendant

Izak Abraham Perold N.O.

Defendant

Jointshelf 1198 (Edms) BPK

Defendant

Procedural Posture

Civil Trial / Points in Limine (preliminary Objections) Decided Before Main Action

Legal Issues

  1. 1 Whether the dispute should be referred to arbitration or decided by the High Court.
  2. 2 Whether there was non-joinder of necessary parties, specifically Mr de Villiers and the La Rochelle Trust.
  3. 3 Which set of house rules is applicable to the properties in dispute.

Ratio Decidendi

The court found that the defendants failed to properly raise the arbitration clause as a special plea and only did so as points in limine after participating in the proceedings for several years. The court held that the jurisdiction of the High Court was not ousted by the arbitration clause, especially since there was a dispute as to which house rules were applicable and an arbitrator or umpire could not issue a declaratory order on this issue. The court further found that neither Mr de Villiers nor the La Rochelle Trust were necessary parties as they no longer owned any property in the estate and had no interest in the matter. The points in limine regarding referral to arbitration and...

Court Disposition

Points in limine dismissed; costs awarded against defendants; main action postponed sine die.

Orders

  • The two points in limine are dismissed.
  • The defendants are to pay the costs.