Disetsane and Others v Moganedi and Others (A910/12) [2014] ZAGPPHC 645 (27 August 2014)

Disetsane and Others v Moganedi and Others (A910/12) [2014] ZAGPPHC 645 (27 August 2014)

The court found that the registration of the property in the name of the first respondent was erroneous, as confirmed by the Director-General of Housing and the Registrar of Deeds. Section 6 of the Deeds Registries Act 47 of 1937 empowers the court to order cancellation of a registered deed in such circumstances. The Fourth Respondent's report clarified that upon cancellation, ownership would revert to the City of Johannesburg Metropolitan Municipality, which could then transfer the property to the rightful beneficiaries. The court held that there was no opposition to the relief sought and no legal impediment to granting the orders requested. The previous court erred in misunderstanding...

Citation
[2014] ZAGPPHC 645
Parties
Appellant: Thabo Michael Disetsane; Appellant: Masilo Evel Letoao; Appellant: Monaheng Letoao; Respondent: Thandi Elizabeth Moganedi (nee Mqutheni); Respondent: Director-General of Housing, Gauteng Province; Respondent: MEC of Housing, Gauteng Province; Respondent: Registrar of Deeds (Pretoria)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 August 2014
Case Number
A910/12
Procedural Posture
Civil Appeal / Appeal From Unopposed Motion Court; Leave Granted by Supreme Court of Appeal
Outcome
Appeal upheld; order of dismissal set aside and substituted with order for cancellation of deed.
Judges
P.M. Mabuse, T.J. Rauunga, D.S. Fourie
Legal Topics
Deeds Registries Act, Cancellation of Title Deed, Transfer of Property, Unopposed Motion, Rectification of Registration
Land and Property Civil Procedure Deeds Registries Act Cancellation of Title Deed Transfer of Property Unopposed Motion Rectification of Registration

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Parties

Thabo Michael Disetsane

Appellant

Masilo Evel Letoao

Appellant

Monaheng Letoao

Appellant

Thandi Elizabeth Moganedi (nee Mqutheni)

Respondent

Director-General of Housing, Gauteng Province

Respondent

MEC of Housing, Gauteng Province

Respondent

Registrar of Deeds (Pretoria)

Respondent

Procedural Posture

Civil Appeal / Appeal From Unopposed Motion Court; Leave Granted by Supreme Court of Appeal

Legal Issues

  1. 1 Whether the registration of the title deed in the name of the first respondent was erroneous.
  2. 2 Whether the court has the power under section 6 of the Deeds Registries Act 47 of 1937 to order cancellation of the registered deed.
  3. 3 What is the proper procedure for transfer of the disputed property to the rightful claimants.

Ratio Decidendi

The court found that the registration of the property in the name of the first respondent was erroneous, as confirmed by the Director-General of Housing and the Registrar of Deeds. Section 6 of the Deeds Registries Act 47 of 1937 empowers the court to order cancellation of a registered deed in such circumstances. The Fourth Respondent's report clarified that upon cancellation, ownership would revert to the City of Johannesburg Metropolitan Municipality, which could then transfer the property to the rightful beneficiaries. The court held that there was no opposition to the relief sought and no legal impediment to granting the orders requested. The previous court erred in misunderstanding...

Court Disposition

Appeal upheld; order of dismissal set aside and substituted with order for cancellation of deed.

Orders

  • The appeal is upheld.
  • The order of the court a quo dismissing the application is set aside.