Webster v Hasthibeer and Others (D7920/23) [2024] ZAKZDHC 77 (5 November 2024)

Webster v Hasthibeer and Others (D7920/23) [2024] ZAKZDHC 77 (5 November 2024)

The court found that the sale agreement and subsequent transfer of the property were simulated transactions intended to disguise a loan arrangement between the applicant and respondents. The evidence showed that the parties did not intend a genuine sale, as demonstrated by the lack of occupation by the applicant, conflicting explanations regarding payment of the purchase price, and the preparation of two agreements by the conveyancer. The applicant failed to prove the existence of a lease agreement or rental payments. The court held that the true transaction was a loan, not a sale, and that the applicant could not claim ownership based on the simulated sale. The National Credit Act did...

Citation
[2024] ZAKZDHC 77
Parties
Applicant: Lolette Theresa Webster; Respondent: Hester Magrietha Hasthibeer; Respondent: Piero Douglas Hasthibeer; Respondent: Ethekwini Municipality; Respondent: Registrar of Deeds, Kwazulu Natal
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
5 November 2024
Case Number
D7920/23
Procedural Posture
Urgent Application / Judgment After Hearing on Application and Counter Application
Outcome
The applicant's application for eviction is dismissed. The respondents' counter-application is granted, setting aside the sale agreement and transfer of the property.
Judges
S. Hlatshwayo
Legal Topics
Simulated Transaction, Ownership Dispute, Eviction, Unjust Enrichment, National Credit Act, Motion Proceedings
Land and Property Civil Procedure Simulated Transaction Ownership Dispute Eviction Unjust Enrichment National Credit Act Motion Proceedings

Case Brief

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Parties

Lolette Theresa Webster

Applicant

Hester Magrietha Hasthibeer

Respondent

Piero Douglas Hasthibeer

Respondent

Ethekwini Municipality

Respondent

Registrar of Deeds, Kwazulu Natal

Respondent

Procedural Posture

Urgent Application / Judgment After Hearing on Application and Counter Application

Legal Issues

  1. 1 Whether the sale agreement and subsequent transfer of the property were simulated transactions intended to disguise a loan arrangement.
  2. 2 Whether the applicant is entitled to evict the respondents from the property under the PIE Act.
  3. 3 Whether the respondents are entitled to retain occupation of the property pending determination of unjust enrichment claims.

Ratio Decidendi

The court found that the sale agreement and subsequent transfer of the property were simulated transactions intended to disguise a loan arrangement between the applicant and respondents. The evidence showed that the parties did not intend a genuine sale, as demonstrated by the lack of occupation by the applicant, conflicting explanations regarding payment of the purchase price, and the preparation of two agreements by the conveyancer. The applicant failed to prove the existence of a lease agreement or rental payments. The court held that the true transaction was a loan, not a sale, and that the applicant could not claim ownership based on the simulated sale. The National Credit Act did...

Court Disposition

The applicant's application for eviction is dismissed. The respondents' counter-application is granted, setting aside the sale agreement and transfer of the property.

Orders

  • The applicant is interdicted from alienating and encumbering the immovable property being portion 103 of ERF 4[...] Z[...] V[...] held under title deed number 8647/2017.
  • The sale agreement entered into between the applicant and the respondents on 22 December 2016 in respect of portion 103 of ERF 4[...] Z[...] V[...] held under title deed number 8647/2017 is set aside.