Mampuru v Matsimela and Others (49982/12) [2017] ZAGPPHC 649 (24 February 2017)

Mampuru v Matsimela and Others (49982/12) [2017] ZAGPPHC 649 (24 February 2017)

The court found the plaintiff's version credible and accepted that the sale agreement was validly concluded, with the first defendant knowingly signing the agreement and never cancelling it. The transfer of ownership was effected by registration in the deeds office, and both parties intended the transfer. Even if the first defendant was married in community of property, the plaintiff and estate agent were unaware of this, and thus, under section 15(9) of the Matrimonial Property Act, consent is deemed. The first defendant's counterclaim was dismissed as prescribed, having been brought more than three years after transfer. The plaintiff was entitled to eviction and damages for unlawful...

Citation
[2017] ZAGPPHC 649
Parties
Plaintiff: Selby Segopotse Mampuru; Defendant: Refedile Turner Matsimela; Defendant: All Unlawful Occupiers of Erf [...] Mahube Valley Ext 3, Mamelodi East; Defendant: Tshwane Local Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 February 2017
Case Number
49982/12
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff succeeds; first and second defendants ordered to vacate property; first defendant ordered to pay damages and costs; counterclaim dismissed.
Judges
Barnes AJ
Legal Topics
Eviction Under Pie Act, Transfer of Immovable Property, Prescription of Counterclaim, Matrimonial Property Consent
Land and Property Civil Procedure Eviction Under Pie Act Transfer of Immovable Property Prescription of Counterclaim Matrimonial Property Consent

Case Brief

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Parties

Selby Segopotse Mampuru

Plaintiff

Refedile Turner Matsimela

Defendant

All Unlawful Occupiers of Erf [...] Mahube Valley Ext 3, Mamelodi East

Defendant

Tshwane Local Municipality

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the transfer of ownership of the property to the plaintiff was valid.
  2. 2 Whether the first defendant's occupation of the property is unlawful and subject to eviction under the PIE Act.
  3. 3 Whether the first defendant's counterclaim for re-transfer of the property has prescribed.

Ratio Decidendi

The court found the plaintiff's version credible and accepted that the sale agreement was validly concluded, with the first defendant knowingly signing the agreement and never cancelling it. The transfer of ownership was effected by registration in the deeds office, and both parties intended the transfer. Even if the first defendant was married in community of property, the plaintiff and estate agent were unaware of this, and thus, under section 15(9) of the Matrimonial Property Act, consent is deemed. The first defendant's counterclaim was dismissed as prescribed, having been brought more than three years after transfer. The plaintiff was entitled to eviction and damages for unlawful...

Court Disposition

Plaintiff succeeds; first and second defendants ordered to vacate property; first defendant ordered to pay damages and costs; counterclaim dismissed.

Orders

  • The first and second defendants are ordered to vacate the property being erf […], Mahube Valley, Ext 3, Mamelodi East, within 60 days from the date of this judgment, failing which the sheriff is authorised to carry out their eviction.
  • The first defendant is ordered to pay to the plaintiff the amount of R154,803.68 plus interest thereon at 15.5% per annum from the date of this judgment to date of payment.