IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NO: 22222 / 2012

In the matter between:

XXXXXXXX XXXXXXXX Applicant

and

JANE SCOTT First Respondent

SIMON SCOTT Second Respondent

SHIRLEY MELANIE HAUPT Third Respondent

REGISTRAR OF DEEDS Fourth Respondent

Fourth Respondent

NOTICE OF MOTION

TO THE ABOVEMENTIONED RESPONDENTS:

TAKE NOTICE that XXXXXXX XXXXXXX (hereinafter called the Applicant) intends

to make application to this Court for an order:

1. Declaring that the agreement of sale entered into on 21 January 2010

between the Applicant on the one side and the First and Second Respondents

on the other side, in respect of the immovable property situate at the

Remainder of Portion 11 (Boskop) (Portion of Portion 2) of the farm

Bonteheuvel No 1, Division of Piketberg, Western Cape Province and the

Remainder of the farm Slangkop No 233, Division Clanwilliam, Western Cape

Province, is null and void and invalid ab initio;

2. Rescinding the default judgment granted against the Applicant and in favour of

the First Respondent by this Honourable Court on 16 April 2010 under case

number 4514/2010;

3. Declaring that the resultant sale in execution of the Applicant’s immovable

property situate at 108 Cote D’azur, corner of Oxford and Victoria Roads, Hout

Bay (“the property”), purportedly held on 14 September 2010, is null and void;

4. Cancelling, in terms of section 6 of the Deeds Registries Act 47 of 1937, the

deed of transfer of the property, purportedly from the Applicant to the Third

Respondent, that was registered with the Fourth Respondent subsequent to

the aforesaid sale in execution;

5. Directing the Fourth Respondent to re-register the property in the Applicant’s

name;

6. Directing the Third Respondent to deliver to the Applicant the movable goods

contained and set out in the schedule attached hereto as Annexure “AN17”;
7. Directing that the costs of the application shall be paid jointly and severally by

the First and Second Respondent and by such of the Third or Fourth

Respondents as oppose the application;

8. Granting such further and/or alternative relief that the Honourable Court may

deem meet.

and that the accompanying affidavit of XXXXXXX XXXXXXXXX, together with

annexures thereto, will be used in support thereof.

TAKE NOTICE FURTHER that the Applicant has appointed the offices of XXXXX

XXXXXX Inc of Suite 306 Benzal House, 3 Barrack Street, Cape Town, as the

address referred to in Rule 19(3) at which he will accept notice and service of all

process in these proceedings.

TAKE NOTICE FURTHER that if you intend opposing this application you are

required;

(a) to notify the Applicant’s attorney in writing within ten days of the receipt

hereof, and further that you are required to appoint in such notification an

address referred to in Rule 19(3) at which you will accept notice and service of

all documents in these proceedings; and,

(b) and within fifteen days after you have so given notice of your intention to

oppose the application, to file your answering affidavits, if any.

If no such notice of intention to oppose is given, the application will be made on

MONDAY 22 APRIL 2013 at 10:00 or as soon as possible thereafter as counsel may

be heard.

KINDLY ENROLL THE MATTER FOR HEARING ACCORDINGLY.

DATED AT CAPE TOWN THIS DAY MARCH 2012.

XXXXXXX XXXXXX INC

__________________
(Applicant’s Attorneys)
306 Benzal House
3 Barrack Street
CAPE TOWN
Tel: (021) 462 7900
Fax: (021) 462 7100
Direct fax: 086 5172 208
E-mail: info@potelwa.co.za
Ref: SS/NDL1/0001

TO: THE REGISTRAR

Western Cape High Court
Keerom Street
CAPE TOWN

AND TO: JANE SCOTT

(First Respondent)
(A) 331 Saint Martini Gardens
Victoria Street
 CAPE TOWN

By Sheriff

TO: SIMON SCOTT

(Second Respondent)
(A) 331 Saint Martini Gardens
Victoria Street
CAPE TOWN

By Sheriff

TO: SHIRLEY MELANIE HAUPT

(Third Respondent)
The Breakers, Unit Number 110
Alexander Avenue
HOUT BAY

By Sheriff

TO: REGISTRAR OF DEEDS, CAPE TOWN

(Fourth Respondent)
90 Plein Street
CAPE TOWN

By Sheriff
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO:

In the matter between:

XXXXXXX XXXXXXX Applicant

and

LYNDOL FLATS BODY CORPORATE First Respondent

RAPTOR CAPITAL NO 1 (PTY) LTD Second Respondent

REGISTRAR OF DEEDS, CAPE TOWN Third Respondent

SHERIFF OF THE HIGH COURT, CAPE TOWN Fourth Respondent

NOTICE OF MOTION

PLEASE TAKE NOTICE that application will be made on behalf of the above-named

applicant on WEDNESDAY, 20 APRIL 2016 at 10:00 or so soon thereafter as Counsel may

be heard for an order in the following:

1. That this Honourable Court dispenses with the forms and service provided for in the

Uniform Rules of Court and directing that this application be heard on an urgent basis

in terms of Rule 6(12);

2. That a rule nisi be issued calling on the Respondents to show cause, if any, on

THURSDAY, 12 MAY 2016 why an order in the following terms should not be made

final:

2.1 interdicting and restraining the Third Respondent from registering transfer to

the Second Respondent of the immovable property being Unit 41 and an

undivided share of the common property, Lynwol Flats, Sectional Title

Scheme SS109/1999 commonly known as 505 Lynwol Flats, 13 Hope Street,

Gardens, Cape Town, pending final determination of the application for

rescission of the judgment granted by the Cape Town Magistrate’s Court on 10

February 2012 under case number: 43036/11, which shall be launched by the

Applicant in due course;

2.2 interdicting and restraining all the Respondents from proceeding with all or

any step towards registration of transfer of the immovable property being Unit

41 and an undivided share of the common property, Lynwol Flats, Sectional

Title Scheme SS109/1999 commonly known as 505 Lynwol Flats, 13 Hope

Street, Gardens, Cape Town, pending final determination of the application for

rescission of the judgment granted by the Cape Town Magistrate’s Court on 10

February 2012 under case number: 43036/11, which shall be launched by the

Applicant in due course;

2.3 directing the Applicant to file an application for the rescission of judgment

granted by the Cape Town Magistrate’s Court on 10 February 2012 under case

number: 43936/2011 within a period of 30 (thirty) days from the date of the

order granted by this Honourable Court in this application;

 2.4 directing that the costs of this application shall be paid by any of the

Respondents that oppose the application; and,

2.5 such further and/or alternative relief.

3. That paragraphs 2.1 and 2.2 above shall operate as an interim order with immediate

effect and remain operative until the final determination of this application; and,

4. Such further and/or alternative relief.

TAKE NOTICE FURTHER that the affidavits of XXXXXXX XXXXXXX together with

annexures, annexed hereto, will be used in support of this application.

TAKE NOTICE FURTHER that if any of the Respondents intend to oppose the interim

relief being sought by the Applicant you are required to file your Opposing Affidavits on or

before Tuesday, 03 May 2016 and the Applicant will file her Replying Affidavit, if any, on or

before Tuesday, 09 May 2016.

TAKE NOTICE FURTHER that the Applicant has appointed the offices of PININI

ATTORNEYS of Suite 707, 7th Floor, 47 On Strand Street, Cape Town as the address (not

being a post office box or poste restante) referred to in Rule 19 (3) at which he will accept

notices and service of all documents in these proceedings.

KINDLY PLACE THE MATTER ON THE ROLL FOR HEARING

ACCORDINGLY.

DATE AT CAPE TOWN ON THIS DAY OF APRIL 2016.

 PININI ATTORNEYS

Per:

________________________

Attorneys for Applicant

Suite 707, 7th Floor
47 Strand Street
CAPE TOWN
Tel: (021) 829 0492
Fax: 086 538 4732
Email: clpinini@pininiattorneys.co.za
(Ref: Est/Nani)

TO: THE REGISTRAR

Western Cape High Court
Keerom Street
CAPE TOWN

AND TO: LYNDOL FLATS BODY CORPORATE

(First Respondent)

C/O PROPELL SECTIONAL TITLE SOLUTIONS (PTY) LTD

3rd Floor, Gihon Building,
Corner Bill Bezendeinhout and Sportica Drive,
TYGERVALLEY.

AND TO: RAPTOR CAPITAL NO 1 (PTY) LTD

(Second Respondent)
14 Bouy Band,
 West Beach,
CAPE TOWN

AND TO: REGISTRAR OF DEEDS, CAPE TOWN

(Third Respondent)
90 Plein Street
CAPE TOWN

AND TO: SHERIFF OF THE HIGH COURT, CAPE TOWN

(Fourth Respondent)
IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO:

In the ex parte application of:

MZOMHLE MAKHUBELA (ID NO: XXXXX XXXXX) Applicant

(For his admission and for his enrolment as an Advocate)

NOTICE OF MOTION

BE PLEASED TO TAKE NOTICE that application will be made to the above

Honourable Court on behalf of the above named applicant on the __________ at

10h00 or so soon thereafter as counsel may be heard for an order in the following

terms:

1. That the applicant be admitted and enrolled as an Advocate of this Honourable

Court;

2. That the proper officer be ordered to enrol the name of applicant on the roll of

advocates; and,

3. That such further and/or alternative relief may be granted as this Honourable

Court deems fit.

BE PLEASED TO TAKE NOTICE FURTHER THAT the affidavits of SXXXXXXXX

with annexed and the affidavits of XXXXXXXXXXX attached hereto will be used in

support of this application.

TAKE NOTICE FURTHER that the Applicant has appointed the offices of Pinini

Attorneys of Suite 707, 7th Floor, 47-on-Strand, Strand Street, Cape Town, as the

address referred to in Rule 19(3) at which he will accept notice and service of all

process in these proceedings.

KINDLY PLACE THE MATTER ON THE ROLL FOR HEARING ACCORDINGLY.

DATED at CAPE TOWN on 19 JANUARY 2010.

XXXXX ATTORNEYS

Per:

XXXXXXXXXX
(Attorneys for the Applicant)
(An Attorney with Right of Appearance in the
High Court as certified in terms of Section
4(2) of the Act 62 of 1995)
Suite 707, 47-on-Strand
Strand Street
CAPE TOWN
P O Box 12
CAPE TOWN
8001
Tel: (021) 829 0492
Fax: 086 538 4732
(Ref:)
TO: THE REGISTRAR
WESTERN CAPE HIGH COURT
Keerom Street
CAPE TOWN

AND TO: THE SECRETARY OF THE BAR COUNCIL

40 Queen Victoria Street

CAPE TOWN