A Ballito businessman has been taken to task and had a hefty costs order awarded against him by the Durban High Court for attempting to prevent the sale of a prime business property for three years.
Judge Jacqui Henriques found that since 2009, Satyendra Persadh had been involved in “acrimonious litigation” with businessman Haresh Ouderajh over the sale of a R14 million business property in KwaDukuza.
Persadh owns half of the property. Ouderajh and his wife, Bina, own the other half.
Judge Henriques found that the Ouderajhs had to sell the property several times, but their plans were thwarted by |at least five interdict applications brought by Persadh since 2009.
A court-ordered auction in 2010 was set aside after several applications were launched as Persadh objected to the chosen auction company.
In December, the court appointed Ian Wyles Auctioneers to conduct another sale and the property was sold for R14.5m in January.
But Persadh objected again, saying the auction had not been carried out properly as the terms and conditions of the sale had been altered.
He brought two applications against the Ouderajhs and the auction company to have the auction set aside and prevent the property being transferred to the buyer.
Judge Henriques ruled against Persadh and ordered that he pay costs incurred by the Ouderajhs through both applications.
“If one considers the history of litigation between the applicant and second and third respondents, it is apparent the applicant (Persadh) has done everything to retain control of his interests in the property. The applicant frustrated and delayed every auction sale [before] the one which is the subject of this application.”
In the current litigation, Persadh was seeking an unfair advantage.
“He alleges non-compliance with the court order because he alleges that there was a deviation in the terms and conditions of the sale, but he accepts the conditions by making a counter-offer.”
