Mashamaite v Mohlala and Others (2022/059691) [2024] ZAGPJHC 861 (8 September 2024)

Mashamaite v Mohlala and Others (2022/059691) [2024] ZAGPJHC 861 (8 September 2024)

The application for leave to appeal was dismissed because the applicant failed to provide sufficient evidence to impeach the authenticity of the sale agreement, which was supported by affidavits commissioned by police officers. The applicant's bare denial was inadequate. Ownership of the property was common cause and not disputed by any of the relevant authorities, who declined to present evidence to the contrary. The argument that the sale was void for non-compliance with section 10A of the National Housing Act lacked factual support, as neither party adduced facts to bring the case within the ambit of section 10A and the MEC did not advance the point. There was no reasonable prospect...

Citation
[2024] ZAGPJHC 861
Parties
Applicant: Lawrence Mashamaite; Respondent: Thobedi Collins Mohlala; Respondent: Ekurhuleni Metropolitan Municipality; Respondent: Registrar of Deeds, Johannesburg; Respondent: MEC for Human Settlements (Gauteng)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 September 2024
Case Number
2022/059691
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Validity of Sale Agreement
Outcome
Application for leave to appeal dismissed.
Judges
S D J Wilson
Legal Topics
Validity of Sale Agreement, Ownership of Property, Housing Subsidy Conditions, Section 10a National Housing Act
Land and Property Civil Procedure Validity of Sale Agreement Ownership of Property Housing Subsidy Conditions Section 10a National Housing Act

Case Brief

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Parties

Lawrence Mashamaite

Applicant

Thobedi Collins Mohlala

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Registrar of Deeds, Johannesburg

Respondent

MEC for Human Settlements (Gauteng)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Validity of Sale Agreement

Legal Issues

  1. 1 Whether the applicant's denial of signing the sale agreement was sufficient to impeach its authenticity.
  2. 2 Whether the applicant was the owner of the property at the time of sale.
  3. 3 Whether the sale was void for non-compliance with section 10A of the National Housing Act.

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to provide sufficient evidence to impeach the authenticity of the sale agreement, which was supported by affidavits commissioned by police officers. The applicant's bare denial was inadequate. Ownership of the property was common cause and not disputed by any of the relevant authorities, who declined to present evidence to the contrary. The argument that the sale was void for non-compliance with section 10A of the National Housing Act lacked factual support, as neither party adduced facts to bring the case within the ambit of section 10A and the MEC did not advance the point. There was no reasonable prospect...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • Each party is to pay their own costs.