A full bench of the Grahamstown High Court yesterday gave a controversial Durban businessman 14 days to return Fort Grey TB hospital and valuable land to the East London Tuberculosis Association.
Five years ago Sateesh Isseri, who had been contracted to manage the SA National Tuberculosis Association (Santa), signed off on the sale of some 12 Santa properties to his own company, Decawiz Investments, all for a fraction of their real value.
Among the properties was the ELTBA’s 50-hectare parcel of land, known as Grey-Dell Farm.
Although ELTBA falls under Santa it operates independently under its own constitution and owns its own property. As head of Santa, Isseri purported to sell Grey-Dell to himself for just R1-million.
In 2005 that parcel of land near the city’s airport was valued at more than R15-million. Its value in the intervening decade is believed to have gone up considerably.
Santa, on discovery of the hijacking of its properties, booted Isseri out and set about reversing the transactions. After arbitration, it reached a settlement with Isseri in which all properties except Grey-Dell Farm were returned.
Santa’s attorney, David Feldman, said that Isseri’s lawyer claimed at the time that the property had never belonged to Santa and Santa therefore did not have the standing to demand its return. Ironically, when ELTBA took him to court to have the transaction reversed, Isseri then claimed that Grey-Dell had belonged to Santa and ELTBA did not have the legal standing to set the sale aside.
At the time, the Grahamstown High Court declined to declare the sale invalid on a technicality. It found there was a dispute of fact over the ownership that could not be resolved in a court application.
But a full bench found that this was incorrect. Judge Clive Plasket, with judges Jannie Eksteen and John Smith, ruled that Isseri, despite overwhelming evidence, simply denied that ELTBA owned the property.
Plasket said Isseri had not raised a genuine dispute as to ELTBA’s ownership of Grey-Dell farm.
“He has not placed a single fact that is within his knowledge before the court. He clearly bears no knowledge of the ownership of Grey-Dell farm or the history of ELTBA and its relationship with Santa-national.”
He said the evidence established that ELTBA owned Grey-Dell farm and Santa had no authority to sell it. The court declared the deed of sale invalid and ordered Isseri to take all necessary steps to transfer Grey-Dell farm back to ELTBA within 14 days.
ELTBA chairman Mzanywa Mketo yesterday said the organisation was thrilled.
Isseri had not responded to a request for comment by deadline.
Court returns Fort Grey to EL Santa
Five years ago Sateesh Isseri, who had been contracted to manage the SA National Tuberculosis Association (Santa), signed off on the sale of some 12 Santa properties to his own company, Decawiz Investments, all for a fraction of their real value.
Among the properties was the ELTBA’s 50-hectare parcel of land, known as Grey-Dell Farm.
Although ELTBA falls under Santa it operates independently under its own constitution and owns its own property. As head of Santa, Isseri purported to sell Grey-Dell to himself for just R1-million.
In 2005 that parcel of land near the city’s airport was valued at more than R15-million. Its value in the intervening decade is believed to have gone up considerably.
Santa, on discovery of the hijacking of its properties, booted Isseri out and set about reversing the transactions. After arbitration, it reached a settlement with Isseri in which all properties except Grey-Dell Farm were returned.
Santa’s attorney, David Feldman, said that Isseri’s lawyer claimed at the time that the property had never belonged to Santa and Santa therefore did not have the standing to demand its return. Ironically, when ELTBA took him to court to have the transaction reversed, Isseri then claimed that Grey-Dell had belonged to Santa and ELTBA did not have the legal standing to set the sale aside.
At the time, the Grahamstown High Court declined to declare the sale invalid on a technicality. It found there was a dispute of fact over the ownership that could not be resolved in a court application.
But a full bench found that this was incorrect. Judge Clive Plasket, with judges Jannie Eksteen and John Smith, ruled that Isseri, despite overwhelming evidence, simply denied that ELTBA owned the property.
Plasket said Isseri had not raised a genuine dispute as to ELTBA’s ownership of Grey-Dell farm.
“He has not placed a single fact that is within his knowledge before the court. He clearly bears no knowledge of the ownership of Grey-Dell farm or the history of ELTBA and its relationship with Santa-national.”
He said the evidence established that ELTBA owned Grey-Dell farm and Santa had no authority to sell it. The court declared the deed of sale invalid and ordered Isseri to take all necessary steps to transfer Grey-Dell farm back to ELTBA within 14 days.
ELTBA chairman Mzanywa Mketo yesterday said the organisation was thrilled.
Isseri had not responded to a request for comment by deadline.
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