Menyatso v Skosana and Others (A89/2021) [2022] ZAFSHC 366 (24 November 2022)

Menyatso v Skosana and Others (A89/2021) [2022] ZAFSHC 366 (24 November 2022)

The court found that the appellant's explanation for the late filing of her replying affidavit constituted good cause, as the delay was due to her attorney's failure to inform her timeously. However, the application for condonation should have been granted. Nonetheless, the appellant's claim for transfer of the property failed on the merits. The court held that neither the deceased nor the second respondent was the owner of the property at the time of the alleged sale in 2007; the property was owned by Mangaung Metropolitan Municipality and only transferred to the second respondent in 2013. The sale agreement relied upon by the appellant did not comply with the requirements of the...

Citation
[2022] ZAFSHC 366
Parties
Appellant: Mathotse Ruth Menyatso; Respondent: Prince Pogisho Skosana; Respondent: Masechaba Elizabeth Skosana; Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 November 2022
Case Number
A89/2021
Procedural Posture
Civil Appeal / Full Bench Appeal From Judgment and Order of Daniso J Delivered on 20 August 2020
Outcome
The appeal is dismissed with costs.
Judges
Van Rhyn, Loubser, Mathebula
Legal Topics
Alienation of Land Act, Condonation, Joinder, Sale of Municipal Property, Prescription of Claims
Land and Property Civil Procedure Alienation of Land Act Condonation Joinder Sale of Municipal Property Prescription of Claims

Case Brief

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Parties

Mathotse Ruth Menyatso

Appellant

Prince Pogisho Skosana

Respondent

Masechaba Elizabeth Skosana

Respondent

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Civil Appeal / Full Bench Appeal From Judgment and Order of Daniso J Delivered on 20 August 2020

Legal Issues

  1. 1 Whether the court a quo correctly refused condonation for the late filing of the appellant's replying affidavit.
  2. 2 Whether the appellant's application for transfer of property should have succeeded on the merits.
  3. 3 Whether the non-joinder of the executor to the deceased estate was fatal to the application.

Ratio Decidendi

The court found that the appellant's explanation for the late filing of her replying affidavit constituted good cause, as the delay was due to her attorney's failure to inform her timeously. However, the application for condonation should have been granted. Nonetheless, the appellant's claim for transfer of the property failed on the merits. The court held that neither the deceased nor the second respondent was the owner of the property at the time of the alleged sale in 2007; the property was owned by Mangaung Metropolitan Municipality and only transferred to the second respondent in 2013. The sale agreement relied upon by the appellant did not comply with the requirements of the...

Court Disposition

The appeal is dismissed with costs.

Orders

  • The appeal is dismissed with costs.