Brothers locked in land battles
AN EX-MAYOR has lost his second legal tussle brought against his brother, who is a property tycoon.
Judge Philip Nkosi dismissed Sagadava “Manna” Naidoo’s case against his brother, Sivaraj, with costs on Friday in the Durban High Court.
Sagadava, 66, is a former mayor of Verulam.
The feud between the siblings over the ownership of various properties, including land spanning 175ha near King Shaka International Airport, has been going on for a while.
Four months ago the Durban High Court ruled in favour of Sivaraj, 53, and scuttled Sagadava’s hopes of becoming a 50 percent shareholder in the land near the airport worth over R450 million.
Sagadava was granted leave to appeal against that decision.
On Friday, Sagadava did not get the interdict he had sought from the Pietermaritzburg High Court to restrain Sivaraj from disposing of funds in Odora Trading cc and Multibrand Logistics cc.
He also failed to obtain a restraining order to stop Sivaraj from disposing of any shares in RGN Farms (Pty) Ltd and Rockhill Investments (Pty) Ltd.
Sagadava was unsuccessful in stopping Sivaraj from disposing of immovable and movable assets and for the court to order Sivaraj to pay him an amount of R50 000 a month for living expenses.
In his judgment Judge Nkosi said Sagadava lied when it suited him.
“Under oath he gave conflicting versions of the assets. Naidoo had previously stated in the sequestration and divorce proceedings that the assets, which he now claims a his, were not his.
“He said so repeatedly. I am not persuaded by a supporting affidavit by his erstwhile attorney Ravindra Maniklall regarding the existence of the division agreement that he has now been purged of as a lie.
“Naidoo, in my view, cannot claim to have established any right,’’ said Judge Nkosi.
The judge said at the insolvency hearing in 2005 before the Master of the High Court, Naidoo had repeatedly denied during cross-examination that Sivaraj was his “nominee”.
“He conceded in court papers that he had lied. He also conceded that he wanted to shield his assets from his exwife.
“Therefore, he lied about it. His perjury throws serious doubts on his case for interim relief.”
Judge Nkosi said the disputes of fact raised by Sivaraj are real, genuine and bona fide.
“He claimed to be the lawful owner of the assets and that his brother has no claim to them whatsoever.
“Sivaraj gave a detailed account of how he obtained the assets and also filed supporting documents.
“He denied the existence of any oral agreement be it as nominee for his brother’s maintenance or division of the assets. These issues need to be ventilated at the trial.”