Manzini v Mushwana and Others (44075/2021) [2021] ZAGPPHC 673 (14 October 2021)

Manzini v Mushwana and Others (44075/2021) [2021] ZAGPPHC 673 (14 October 2021)

The applicant failed to establish locus standi, as she did not show she was the executor or administrator of the deceased's estate, nor did she clarify whether the estate had been wound up or who the heirs were. Even if locus standi were assumed, the transfer from the Municipality to the first respondent was procured by fraudulent misrepresentation, making the transaction voidable rather than void ab initio. The Municipality's consent, albeit fraudulently obtained, means that the second respondent, as an innocent third party, acquired good title to the property. The application for reversal of the transfer and declaration of nullity of the sale must therefore fail.

Citation
[2021] ZAGPPHC 673
Parties
Applicant: Mamaila Elsie Manzini; Respondent: Reckson Mafemani Mushwana; Respondent: Thulani Innocent Mogorosi; Respondent: The Registrar of Deeds; Respondent: City of Tshwane Municipality; Respondent: PM Mositsa Incorporated Attorneys
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 October 2021
Case Number
44075/2021
Procedural Posture
Civil Application / First Instance Judgment
Outcome
Application dismissed with costs.
Judges
N Janse Van Nieuwenhuizen
Legal Topics
Conversion of Land Tenure Rights, Fraudulent Transfer, Abstract Theory of Transfer, Locus Standi, Voidable Transactions
Land and Property Civil Procedure Conversion of Land Tenure Rights Fraudulent Transfer Abstract Theory of Transfer Locus Standi Voidable Transactions

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Parties

Mamaila Elsie Manzini

Applicant

Reckson Mafemani Mushwana

Respondent

Thulani Innocent Mogorosi

Respondent

The Registrar of Deeds

Respondent

City of Tshwane Municipality

Respondent

PM Mositsa Incorporated Attorneys

Respondent

Procedural Posture

Civil Application / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant has locus standi to seek reversal of the property transfer.
  2. 2 Whether the transfer of the property to the first respondent was valid given alleged fraudulent misrepresentation.
  3. 3 Whether the subsequent sale to the second respondent is null and void or confers good title to an innocent third party.

Ratio Decidendi

The applicant failed to establish locus standi, as she did not show she was the executor or administrator of the deceased's estate, nor did she clarify whether the estate had been wound up or who the heirs were. Even if locus standi were assumed, the transfer from the Municipality to the first respondent was procured by fraudulent misrepresentation, making the transaction voidable rather than void ab initio. The Municipality's consent, albeit fraudulently obtained, means that the second respondent, as an innocent third party, acquired good title to the property. The application for reversal of the transfer and declaration of nullity of the sale must therefore fail.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.