Du Plessis v Prophitius and Another

The dispute concerned ownership of an undeveloped immovable property (Erf 757, Palm Beach). The property was owned by the Campbell Children’s Trust. In January 2004 the Trust concluded a sale with Whitkel Properties CC for R45 000 and authorised transfer, but transfer was delayed. In October 2004 the Trust accepted a later offer from Richard and Anna Prophitius for R195 000. The Trust falsely claimed that the original title deed had been lost and obtained a certified copy, enabling transfer to the Prophitiuses, which was registered on 15 February 2005. Meanwhile, Whitkel sold the property to Andries du Plessis, and on 5 May 2005 the property was transferred from the Trust to Whitkel and immediately thereafter to du Plessis. As a result, the property was double-registered in the Deeds Office in the names of the Prophitiuses and du Plessis. Each party claimed to be the rightful owner.

The appeal was dismissed with costs, save that the respondents were not entitled to recover the costs of two counsel. The respondents remained the rightful owners of the property, and the transfer to the appellant stood to be set aside in accordance with the High Court order.

The case reinforces the application of the abstract theory of transfer to immovable property in South African law and clarifies that fraudulent motive does not, by itself, negate the intention required for a valid real agreement. It provides important guidance on resolving disputes arising from double registration of property and underscores the centrality of intention at the time of transfer.