Madiba and Others v First National Bank Limited and Others (58290/2014) [2016] ZAGPPHC 1146 (26 October 2016)

Madiba and Others v First National Bank Limited and Others (58290/2014) [2016] ZAGPPHC 1146 (26 October 2016)

The court found that, although the Madiba applicants have demonstrated long-term occupation of the properties and have suffered historical injustices, they have not identified any current dispute with a named respondent regarding their occupation. In the absence of such a dispute, the court declined to exercise its discretion to make a declaration as to their rights. The order for absolution from the instance is made without prejudice to any future proceedings that may arise regarding the applicants' rights to the properties. The court emphasized that the order does not affect the applicants' ability to pursue their claims in subsequent litigation should a dispute arise.

Citation
[2016] ZAGPPHC 1146
Parties
Applicant: Conny Kolobe Madiba and the residents of Block L, Block FF and Block GG; Respondent: First National Bank Limited and 14 others
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 October 2016
Case Number
58290/2014
Procedural Posture
Civil Application / Final Relief Hearing
Outcome
Absolution from the instance granted against the Madiba applicants, without prejudice to future proceedings regarding their rights.
Judges
Tuchten
Legal Topics
Deeds Registration, Eviction Proceedings, Absolution From the Instance, Section 26 Bill of Rights
Land and Property Civil Procedure Deeds Registration Eviction Proceedings Absolution From the Instance Section 26 Bill of Rights

Case Brief

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Parties

Conny Kolobe Madiba and the residents of Block L, Block FF and Block GG

Applicant

First National Bank Limited and 14 others

Respondent

Procedural Posture

Civil Application / Final Relief Hearing

Legal Issues

  1. 1 Whether the Madiba applicants are entitled to a declaration of ownership of the properties listed in the notice of motion.
  2. 2 Whether any of the Madiba applicants are under threat of eviction pending final determination.
  3. 3 Whether the court should exercise its discretion to declare rights in the absence of a dispute with a named respondent.

Ratio Decidendi

The court found that, although the Madiba applicants have demonstrated long-term occupation of the properties and have suffered historical injustices, they have not identified any current dispute with a named respondent regarding their occupation. In the absence of such a dispute, the court declined to exercise its discretion to make a declaration as to their rights. The order for absolution from the instance is made without prejudice to any future proceedings that may arise regarding the applicants' rights to the properties. The court emphasized that the order does not affect the applicants' ability to pursue their claims in subsequent litigation should a dispute arise.

Court Disposition

Absolution from the instance granted against the Madiba applicants, without prejudice to future proceedings regarding their rights.

Orders

  • Subject to the orders in case no. 21426/2014 (the Aluminium case) and case no. 65033/2015 (the Manamela case), there will be absolution from the instance against the applicants in case no. 58290/2014 (the Madiba applicants).
  • The Madiba applicants are Conny Kolobe Madiba and the other persons whose names appear on the list at pp118-119 of the papers.