Masilela and Another v Masilela and Others (70305/2018) [2024] ZAGPPHC 16 (15 January 2024)

Masilela and Another v Masilela and Others (70305/2018) [2024] ZAGPPHC 16 (15 January 2024)

The court found that the applicants have locus standi to seek rescission of the eviction order, as they were the parties against whom the order was granted and have a direct and current interest in the property, having occupied it for over 60 years under a valid 99-year leasehold. The evidence did not support the respondent's claim of lawful ownership, as there was no proof of transfer from the municipality to the respondent's parents, nor any evidence of a sale. The title deed relied upon by the respondent was not supported by a credible paper trail, and the applicants' right of occupation under the leasehold agreement remained intact. The court was satisfied that the eviction order was...

Citation
[2024] ZAGPPHC 16
Parties
Applicant: Lindi Ronsy Masilela; Applicant: Gerald Masilela; Respondent: Sibusiso Koos Masilela; Respondent: Elizabeth Kgeleswane Masilela; Respondent: The City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 January 2024
Case Number
70305/2018
Procedural Posture
Rescission Application / Judgment After Oral Evidence
Outcome
The eviction order is rescinded and set aside; the transfer and registration of the property to the respondents are declared unlawful and set aside.
Judges
S Potterill
Legal Topics
Eviction Order Rescission, Leasehold Rights, Transfer of Property, Locus Standi, Condonation, Unlawful Registration
Land and Property Civil Procedure Eviction Order Rescission Leasehold Rights Transfer of Property Locus Standi Condonation Unlawful Registration

Case Brief

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Parties

Lindi Ronsy Masilela

Applicant

Gerald Masilela

Applicant

Sibusiso Koos Masilela

Respondent

Elizabeth Kgeleswane Masilela

Respondent

The City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Rescission Application / Judgment After Oral Evidence

Legal Issues

  1. 1 Whether the applicants have locus standi to seek rescission of the eviction order.
  2. 2 Whether the transfer and registration of the property to the first respondent was lawful.
  3. 3 Whether the applicants retain a right of occupation under the 99-year leasehold agreement.

Ratio Decidendi

The court found that the applicants have locus standi to seek rescission of the eviction order, as they were the parties against whom the order was granted and have a direct and current interest in the property, having occupied it for over 60 years under a valid 99-year leasehold. The evidence did not support the respondent's claim of lawful ownership, as there was no proof of transfer from the municipality to the respondent's parents, nor any evidence of a sale. The title deed relied upon by the respondent was not supported by a credible paper trail, and the applicants' right of occupation under the leasehold agreement remained intact. The court was satisfied that the eviction order was...

Court Disposition

The eviction order is rescinded and set aside; the transfer and registration of the property to the respondents are declared unlawful and set aside.

Orders

  • The eviction order granted on 3 September 2019 is rescinded and set aside, with costs to be borne by the first respondent.
  • The transfer and registration of Erf 7[...], 9[...] M[...] Street Mamelodi to the respondents by means of Title Deed T[...] is set aside.