A.A.V NO v Y.V (39813/2019) [2021] ZAGPJHC 865 (1 July 2021)

A.A.V NO v Y.V (39813/2019) [2021] ZAGPJHC 865 (1 July 2021)

The court found that the South Gauteng High Court has concurrent jurisdiction with the Pretoria High Court as determined by the Minister of Justice, and thus the jurisdictional objection fails. However, the failure to notify or join the Registrar of Deeds, as required by section 97(1) of the Deeds Registries Act, is fatal to the application. The relief sought would require the Registrar to perform an act in the deeds registry, and peremptory statutory provisions mandate notification or joinder. The application was therefore refused on this basis, with costs awarded against the applicant.

Citation
[2021] ZAGPJHC 865
Parties
Applicant: A.A.V NO; Respondent: Y.V
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 July 2021
Case Number
39813/2019
Procedural Posture
Civil Application / Judgment
Outcome
Application refused with costs.
Judges
Senyatsi
Legal Topics
Notarial Deed of Usus, Non Joinder, Jurisdiction of High Court, Deeds Registries Act, Divorce Settlement
Land and Property Civil Procedure Notarial Deed of Usus Non Joinder Jurisdiction of High Court Deeds Registries Act Divorce Settlement

Case Brief

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Parties

A.A.V NO

Applicant

Y.V

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the respondent breached the terms of the notarial deed of usus by allowing persons other than herself and the minor children to reside on the property.
  2. 2 Whether the South Gauteng High Court has jurisdiction over the matter given the location of the property and parties.
  3. 3 Whether the failure to join or notify the Registrar of Deeds is fatal to the application.

Ratio Decidendi

The court found that the South Gauteng High Court has concurrent jurisdiction with the Pretoria High Court as determined by the Minister of Justice, and thus the jurisdictional objection fails. However, the failure to notify or join the Registrar of Deeds, as required by section 97(1) of the Deeds Registries Act, is fatal to the application. The relief sought would require the Registrar to perform an act in the deeds registry, and peremptory statutory provisions mandate notification or joinder. The application was therefore refused on this basis, with costs awarded against the applicant.

Court Disposition

Application refused with costs.

Orders

  • The application is refused with costs.