Masonte v Makota and Others (44131/2023) [2024] ZAGPPHC 744 (30 July 2024)

Masonte v Makota and Others (44131/2023) [2024] ZAGPPHC 744 (30 July 2024)

The court found that the applicant's grandparents were the rightful owners of the property and that the Will executed by the grandfather appointed the applicant's mother as sole heir. Esther Mashika Mokgadi, the uncle's wife, fraudulently misrepresented herself as the rightful heir to the Master of the High Court and succeeded in transferring the property into her name. The applicant, as the sole surviving heir of his mother, is entitled to the property. The fraud committed by Esther invalidates all subsequent transactions, including the title deed and distribution of the property. The respondent's arguments regarding locus standi and prescription were rejected, as the applicant's claim...

Citation
[2024] ZAGPPHC 744
Parties
Applicant: Johannes Mishack Victor Masonte; Respondent: Makota Tsakane Gertrude; Respondent: Registrar of Deeds Office(PTA); Respondent: Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 July 2024
Case Number
44131/2023
Procedural Posture
Civil Application / Judgment
Outcome
Application granted in part; title deed declared null and void; property to be registered in applicant's name; applicant to compensate respondent for proven improvements.
Judges
Baqwa
Legal Topics
Title Deed Cancellation, Fraudulent Transfer, Wills Act, Locus Standi, Unjust Enrichment
Land and Property Civil Procedure Title Deed Cancellation Fraudulent Transfer Wills Act Locus Standi Unjust Enrichment

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Parties

Johannes Mishack Victor Masonte

Applicant

Makota Tsakane Gertrude

Respondent

Registrar of Deeds Office(PTA)

Respondent

Master of the High Court

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the title deed issued in favour of Mokgadi Mashika Esther is null and void due to fraud.
  2. 2 Whether the applicant has locus standi to seek the relief claimed.
  3. 3 Whether the distribution of the property in the estate of Mokgadi Mashika Esther should be set aside.

Ratio Decidendi

The court found that the applicant's grandparents were the rightful owners of the property and that the Will executed by the grandfather appointed the applicant's mother as sole heir. Esther Mashika Mokgadi, the uncle's wife, fraudulently misrepresented herself as the rightful heir to the Master of the High Court and succeeded in transferring the property into her name. The applicant, as the sole surviving heir of his mother, is entitled to the property. The fraud committed by Esther invalidates all subsequent transactions, including the title deed and distribution of the property. The respondent's arguments regarding locus standi and prescription were rejected, as the applicant's claim...

Court Disposition

Application granted in part; title deed declared null and void; property to be registered in applicant's name; applicant to compensate respondent for proven improvements.

Orders

  • The title deed issued in favour of Mokgadi Mashika Esther in respect of Erf 4[...] A[...] Township, Pretoria is declared null and void.
  • The Master of the High Court, Pretoria is directed and authorized to set aside the distribution of the property situated in Erf 4[...] A[...] Township, Pretoria pending finalization of this application.