Mahlangu and Another v Gija Plaza (Pty) Ltd and Others (4622/2020) [2024] ZALMPPHC 155 (23 October 2024)

Mahlangu and Another v Gija Plaza (Pty) Ltd and Others (4622/2020) [2024] ZALMPPHC 155 (23 October 2024)

The court held that the applicants' claim was not a vindicatory claim but rather a claim to set aside the registration of the property and procure its transfer back to the estate of the deceased. The applicants failed to establish ownership of the property, as the first respondent was the registered owner and subsequently the second respondent. The applicants were aware of the transfer as early as 2014 and only instituted proceedings in 2020, well beyond the three-year prescription period. The point in limine of prescription was upheld, and the application was dismissed with costs.

Citation
[2024] ZALMPPHC 155
Parties
Applicant: Betty Mahlangu; Applicant: Betty Mahlangu N.O. (As Executrix of Estate Late Mbablekwa Lucas Mahlangu); Respondent: Gija Plaza (Pty) Ltd; Respondent: Maluleke Khazamola Frans; Respondent: Mogalakwena Local Municipality; Respondent: The Registrar of Deeds, Pretoria
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
23 October 2024
Case Number
4622/2020
Procedural Posture
Civil Application / Judgment on Application and Point in Limine
Outcome
Application dismissed with costs; point in limine of prescription upheld.
Judges
Naude-Odendaal
Legal Topics
Prescription Act, Rei Vindicatio, Declaratory Order, Sale in Execution, Transfer of Property
Civil Procedure Land and Property Prescription Act Rei Vindicatio Declaratory Order Sale in Execution Transfer of Property

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Parties

Betty Mahlangu

Applicant

Betty Mahlangu N.O. (As Executrix of Estate Late Mbablekwa Lucas Mahlangu)

Applicant

Gija Plaza (Pty) Ltd

Respondent

Maluleke Khazamola Frans

Respondent

Mogalakwena Local Municipality

Respondent

The Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Civil Application / Judgment on Application and Point in Limine

Legal Issues

  1. 1 Whether the applicants' claim to set aside the transfer and registration of immovable property is subject to prescription under the Prescription Act.
  2. 2 Whether the applicants' claim constitutes a vindicatory claim or a claim for restitution of immovable property.
  3. 3 Whether the applicants have established ownership or a right to claim the property.

Ratio Decidendi

The court held that the applicants' claim was not a vindicatory claim but rather a claim to set aside the registration of the property and procure its transfer back to the estate of the deceased. The applicants failed to establish ownership of the property, as the first respondent was the registered owner and subsequently the second respondent. The applicants were aware of the transfer as early as 2014 and only instituted proceedings in 2020, well beyond the three-year prescription period. The point in limine of prescription was upheld, and the application was dismissed with costs.

Court Disposition

Application dismissed with costs; point in limine of prescription upheld.

Orders

  • The point in limine of prescription is upheld.
  • The application is dismissed with costs.