Van Niekerk and Another v Mathewson and Others (33035/09) [2010] ZAGPPHC 126 (29 September 2010)

Van Niekerk and Another v Mathewson and Others (33035/09) [2010] ZAGPPHC 126 (29 September 2010)

The court found that it had jurisdiction to hear the matter because the Registrar of Deeds, who must effect the property transfer, is situated within its area and the order can be enforced against him. The respondents' jurisdictional objection failed. The court further found that the sellers breached the contract by failing to provide the required services (electricity, water, and sewerage) to the property as guaranteed in the sale agreement. The applicants were entitled to cancel the contract, restitution, and retransfer of the property. The respondents were ordered to repay the purchase price, settle the mortgage bond, and pay all associated costs. Costs of the application were awarded...

Citation
[2010] ZAGPPHC 126
Parties
Applicant: Martha Francina van Niekerk; Applicant: Christoffel Petrus Prinsloo van Niekerk; Respondent: Horatio Stephen Mathewson; Respondent: Annemi Margeretha Mathewson; Respondent: Standard Bank Beperk; Respondent: Die Registrateur van Aktes; Respondent: Ditsobotla Plaaslike Munisipaliteit; Respondent: Willem Christoffel Jansen van Rensburg
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 September 2010
Case Number
33035/09
Procedural Posture
Civil Application / Judgment
Outcome
Application granted in full; orders made for retransfer of property, repayment of purchase price, and costs against first, second, and sixth respondents.
Judges
Ebersohn
Legal Topics
Specific Performance, Contract Breach, Jurisdiction, Transfer of Property, Costs Award
Land and Property Civil Procedure Specific Performance Contract Breach Jurisdiction Transfer of Property Costs Award

Case Brief

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Parties

Martha Francina van Niekerk

Applicant

Christoffel Petrus Prinsloo van Niekerk

Applicant

Horatio Stephen Mathewson

Respondent

Annemi Margeretha Mathewson

Respondent

Standard Bank Beperk

Respondent

Die Registrateur van Aktes

Respondent

Ditsobotla Plaaslike Munisipaliteit

Respondent

Willem Christoffel Jansen van Rensburg

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to grant the relief sought given the location of the property and parties.
  2. 2 Whether the respondents breached the contract by failing to provide required services to the property.
  3. 3 Whether the applicants are entitled to restitution and retransfer of the property.

Ratio Decidendi

The court found that it had jurisdiction to hear the matter because the Registrar of Deeds, who must effect the property transfer, is situated within its area and the order can be enforced against him. The respondents' jurisdictional objection failed. The court further found that the sellers breached the contract by failing to provide the required services (electricity, water, and sewerage) to the property as guaranteed in the sale agreement. The applicants were entitled to cancel the contract, restitution, and retransfer of the property. The respondents were ordered to repay the purchase price, settle the mortgage bond, and pay all associated costs. Costs of the application were awarded...

Court Disposition

Application granted in full; orders made for retransfer of property, repayment of purchase price, and costs against first, second, and sixth respondents.

Orders

  • The first and second respondents must, within four months, take all necessary steps to retransfer Portion 177 (a portion of Portion 112) of the farm Lichtenburg Town and Townlands, No. 27 registration division IP, from the first applicant back into their names, at their own cost, upon signature of the necessary...
  • The first and second respondents must repay the purchase price of R250,000 to the applicants, by paying the amount required to cancel the mortgage bond in favour of Standard Bank to Standard Bank, and the balance to the first and second applicants.