Majola and Another v Country Cloud Trading 221 CC and Others (AR161/2018) [2019] ZAKZPHC 21; 2019 (5) SA 195 (KZP) (15 April 2019)

Majola and Another v Country Cloud Trading 221 CC and Others (AR161/2018) [2019] ZAKZPHC 21; 2019 (5) SA 195 (KZP) (15 April 2019)

The court found that the conditions registered in the title deed created only personal rights enforceable against the original purchaser, not real rights binding successors-in-title. The respondents failed to provide evidence of a common intention or written consent required for rectification under s 4(1)(b) of the Deeds Registries Act. The attempt to substitute parties and amend the extent of the property amounted to the creation of new rights, not the correction of errors. Furthermore, the reversionary right clause, which allowed transfer of property without compensation, was held to be unconstitutional under s 25 of the Constitution, as it would deprive the appellants of property...

Citation
[2019] ZAKZPHC 21
Parties
Appellant: Sibusiso Boniface Majola; Appellant: Ruth Nokwethemba Majola; Respondent: Country Cloud Trading 221 CC; Respondent: Craig Scott Walker; Respondent: Cathryn Walker
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
15 April 2019
Case Number
AR161/2018
Procedural Posture
Civil Appeal / Appeal From the Pietermaritzburg High Court, Sitting as Court of First Instance
Outcome
Appeal upheld; counter-appeal dismissed with costs; judgment of the court a quo confirmed.
Judges
Mbatha, Madondo, Hadebe
Legal Topics
Rectification of Title Deeds, Real Vs Personal Rights, Deprivation of Property, Deeds Registries Act, Constitutional Property Rights, Specific Performance
Land and Property Civil Procedure Constitutional Law Rectification of Title Deeds Real Vs Personal Rights Deprivation of Property Deeds Registries Act Constitutional Property Rights +1 more

Case Brief

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Parties

Sibusiso Boniface Majola

Appellant

Ruth Nokwethemba Majola

Appellant

Country Cloud Trading 221 CC

Respondent

Craig Scott Walker

Respondent

Cathryn Walker

Respondent

Procedural Posture

Civil Appeal / Appeal From the Pietermaritzburg High Court, Sitting as Court of First Instance

Legal Issues

  1. 1 Whether the conditions registered in the title deed created real rights enforceable against successors-in-title or only personal rights against the original purchaser.
  2. 2 Whether rectification of the title deed under s 4(1)(b) of the Deeds Registries Act is permissible in the absence of a common intention and written consent of interested parties.
  3. 3 Whether the reversionary right clause, which allows transfer of property without compensation, is unconstitutional under s 25 of the Constitution.

Ratio Decidendi

The court found that the conditions registered in the title deed created only personal rights enforceable against the original purchaser, not real rights binding successors-in-title. The respondents failed to provide evidence of a common intention or written consent required for rectification under s 4(1)(b) of the Deeds Registries Act. The attempt to substitute parties and amend the extent of the property amounted to the creation of new rights, not the correction of errors. Furthermore, the reversionary right clause, which allowed transfer of property without compensation, was held to be unconstitutional under s 25 of the Constitution, as it would deprive the appellants of property...

Court Disposition

Appeal upheld; counter-appeal dismissed with costs; judgment of the court a quo confirmed.

Orders

  • The appeal is upheld.
  • The decision of the court a quo is set aside and the appeal succeeds with costs.