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South Africa: South Gauteng High Court, Johannesburg
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[2023] ZAGPJHC 840
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Hajee v Darsot (42535/2022) [2023] ZAGPJHC 840 (27 July 2023)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG LOCAL
DIVISION, JOHANNESBURG
CASE
NO
: 42535/2022
DATE
:
23-11-2022
NOT REPORTABLE
NOT OF INTEREST TO OTHER
JUDGES
REVISED
27.07.23
In the matter between
ZUBAYR
ABUBAKER HAJEE
Applicant
and
MOHAMED HANIF
DARSOT
Respondent
J U D G M E N T
YACOOB,
J
:
This is an urgent
application for an interim interdict interdicting the selling and
transfer of a property for which the applicant
has entered into an
agreement of sale with the respondent.
The respondent cancelled
the agreement on the basis that the applicant had not paid the
amounts that, according to the respondent,
the applicant had to pay.
The applicant contends
that the cancellation was not done in good faith, that the applicant
has tendered to make payment in accordance
with the agreement and
that there is sufficient dispute of fact to warrant the matter
being referred to trial. On that basis,
it is submitted that the
applicant has established a
prima facie
right and that the
applicant will suffer more prejudice than the respondent will if
there is no interdict. The applicant therefore
submits he is entitled
to an interdict pending the determination of the trial.
I am
satisfied that even on the interpretation of the agreement contended
for by the applicant, the applicant has not complied with
his
obligations in terms of the agreement, nor does the tender that was
made on the 12
th
of
October in fact tender to comply with those obligations in full.
The
applicant has therefore not established a
prima
facie
right to the relief sought nor
that that is where the balance of convenience lies and the
application is therefore dismissed with
costs.
S. YACOOB
JUDGE OF THE HIGH COURT
GAUTENG LOCAL DIVISION,
JOHANNESBURG
APPEARANCES:
APPEARANCE FOR THE
APPLICANT:
Y ALLI
APPEARANCE FOR THE
RESPONDENT:
P STRATHERN SC