Nomna v Williams and Others; Nomna v Williams and Others (3603/2019) [2020] ZAFSHC 62 (6 March 2020)

Nomna v Williams and Others; Nomna v Williams and Others (3603/2019) [2020] ZAFSHC 62 (6 March 2020)

The court found that the applicant failed to make out a case for the relief sought in application 3603/2019, as the relevant operating licence had already been transferred to Mfazwe and no review of the Board’s decision was sought. In application 2440/2019, the applicant was entitled to become the owner of licence 48486/1, and the Board had already effected transfer. The respondent’s explanations for signing transfer documents were rejected as improbable and untruthful. The defence of prescription was dismissed, as the respondent’s conduct interrupted prescription and he failed to prove when the debt became due. The court held that it would be futile to order respondent to sign documents...

Citation
[2020] ZAFSHC 62
Parties
Applicant: Vuyolwethu Nomna; Respondent: Jonny Simon Williams; Respondent: Matyaleni Jacob Mfazwe; Respondent: The Chairperson of the Free State Operating Licensing Board; Respondent: Greater Bloemfontein Taxi Association
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 March 2020
Case Number
3603/2019
Procedural Posture
Civil Application / Opposed Motion; Judgment After Oral Argument
Outcome
Application 3603/2019 dismissed with costs; application 2440/2019 partially granted with declaratory relief and costs orders as specified.
Judges
JP Daffue
Legal Topics
Operating Licence Transfer, Sale Vs Lease Agreement, Prescription, Rescission of Judgment, Declaratory Relief
Land and Property Civil Procedure Operating Licence Transfer Sale Vs Lease Agreement Prescription Rescission of Judgment Declaratory Relief

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Parties

Vuyolwethu Nomna

Applicant

Jonny Simon Williams

Respondent

Matyaleni Jacob Mfazwe

Respondent

The Chairperson of the Free State Operating Licensing Board

Respondent

Greater Bloemfontein Taxi Association

Respondent

Procedural Posture

Civil Application / Opposed Motion; Judgment After Oral Argument

Legal Issues

  1. 1 Whether agreements of sale were entered into between applicant and respondent regarding two operating licences.
  2. 2 Whether the purchase price for each operating licence was paid.
  3. 3 Whether the agreements of sale were cancelled and replaced by lease agreements as alleged by respondent.

Ratio Decidendi

The court found that the applicant failed to make out a case for the relief sought in application 3603/2019, as the relevant operating licence had already been transferred to Mfazwe and no review of the Board’s decision was sought. In application 2440/2019, the applicant was entitled to become the owner of licence 48486/1, and the Board had already effected transfer. The respondent’s explanations for signing transfer documents were rejected as improbable and untruthful. The defence of prescription was dismissed, as the respondent’s conduct interrupted prescription and he failed to prove when the debt became due. The court held that it would be futile to order respondent to sign documents...

Court Disposition

Application 3603/2019 dismissed with costs; application 2440/2019 partially granted with declaratory relief and costs orders as specified.

Orders

  • Prayers 1–3 of the Notice of Motion in application 2440/2019 are dismissed.
  • It is declared that applicant was entitled to become the lawful owner of operating licence LFSLB48486/1 and that the Board was entitled to approve transfer of the said licence to applicant on 28 September 2018.