Fifane and Others v Fifane and Others (2361/2010) [2011] ZAECPEHC 47 (8 November 2011)

Fifane and Others v Fifane and Others (2361/2010) [2011] ZAECPEHC 47 (8 November 2011)

The court found that the property at 14 Molefe Street, New Brighton, Port Elizabeth, was never owned by the deceased, Lettie Nomva Fifane, as there was no determination by the Director-General under the Conversion of Certain Rights Into Leasehold or Ownership Act 81 of 1988. The property was lawfully sold by the Nelson Mandela Bay Municipality to Nondumiso Patricia Fifane, and subsequently registered in her name. The applicants failed to establish any legal entitlement to the property, either as heirs of the deceased or otherwise. Furthermore, the application for review was brought several years after the sale and registration of the property, without any application for condonation or...

Citation
[2011] ZAECPEHC 47
Parties
Applicant: Lorna Noyose Fifane; Applicant: Ncumisa Khutsene; Applicant: Wendy Ramthe; Applicant: Monde Ndlaleni; Applicant: Phindiwe Ndlaleni; Applicant: Nobalindi Mshumpela; Applicant: Mnikelo Ndlaleni; Applicant: Ntuthuzelo Ndlaleni; Applicant: Vuyelwa Fifane; Respondent: Simphiwe Fifane; Respondent: Nelson Mandela Bay Municipality; Respondent: The Registrar of Deeds; Respondent: Boqwana Loon and Connellan Inc
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
8 November 2011
Case Number
2361/2010
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
P.W. Tshiki
Legal Topics
Conversion of Leasehold to Ownership, Review of Administrative Action, Delay in Review, Intestate Succession
Land and Property Administrative Law Conversion of Leasehold to Ownership Review of Administrative Action Delay in Review Intestate Succession

Case Brief

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Parties

Lorna Noyose Fifane

Applicant

Ncumisa Khutsene

Applicant

Wendy Ramthe

Applicant

Monde Ndlaleni

Applicant

Phindiwe Ndlaleni

Applicant

Nobalindi Mshumpela

Applicant

Mnikelo Ndlaleni

Applicant

Ntuthuzelo Ndlaleni

Applicant

Vuyelwa Fifane

Applicant

Simphiwe Fifane

Respondent

Nelson Mandela Bay Municipality

Respondent

The Registrar of Deeds

Respondent

Boqwana Loon and Connellan Inc

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the property at 14 Molefe Street, New Brighton, Port Elizabeth formed part of the deceased estate of Lettie Nomva Fifane.
  2. 2 Whether the decision of the Nelson Mandela Bay Municipality to sell the property to Nondumiso Patricia Fifane can be reviewed and set aside.
  3. 3 Whether the applicants are entitled to have the property registered in their names or in the name of the first respondent.

Ratio Decidendi

The court found that the property at 14 Molefe Street, New Brighton, Port Elizabeth, was never owned by the deceased, Lettie Nomva Fifane, as there was no determination by the Director-General under the Conversion of Certain Rights Into Leasehold or Ownership Act 81 of 1988. The property was lawfully sold by the Nelson Mandela Bay Municipality to Nondumiso Patricia Fifane, and subsequently registered in her name. The applicants failed to establish any legal entitlement to the property, either as heirs of the deceased or otherwise. Furthermore, the application for review was brought several years after the sale and registration of the property, without any application for condonation or...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • Each party is to pay its own costs.