Moerane and Another v S (A856/13) [2014] ZAGPPHC 36 (13 February 2014)

Moerane and Another v S (A856/13) [2014] ZAGPPHC 36 (13 February 2014)

The applicant failed to provide any evidence of fraud in the transfer of the properties to the first respondent. The court found that the applicant was aware of the transactions, received payments, and did not object for 17 years after the divorce and 7 years after the deceased's death. The applicant's unexplained delay and lack of action estop her from asserting any rights to the properties. The respondent's evidence of payment and the applicant's recording of payments were accepted. The applicant did not meet the burden of proof on a balance of probabilities, and the application was dismissed.

Citation
[2014] ZAGPPHC 36
Parties
Applicant: MB Moimane; Respondent: SR Rachidi; Respondent: Registrar of Deeds
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 February 2014
Case Number
41128/2013
Procedural Posture
Civil Application / First Instance
Outcome
Application dismissed with costs.
Judges
C Pretorius
Legal Topics
Transfer of Immovable Property, Fraudulent Transfer, Balance of Probabilities, Estoppel
Land and Property Civil Procedure Transfer of Immovable Property Fraudulent Transfer Balance of Probabilities Estoppel

Case Brief

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Parties

MB Moimane

Applicant

SR Rachidi

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Civil Application / First Instance

Legal Issues

  1. 1 Whether the transfer of two immovable properties to the first respondent was fraudulent.
  2. 2 Whether the applicant is entitled to have the deed of ownership cancelled and half shares registered in her and the deceased's estate's names.
  3. 3 Whether the applicant's delay in bringing the application affects her entitlement.

Ratio Decidendi

The applicant failed to provide any evidence of fraud in the transfer of the properties to the first respondent. The court found that the applicant was aware of the transactions, received payments, and did not object for 17 years after the divorce and 7 years after the deceased's death. The applicant's unexplained delay and lack of action estop her from asserting any rights to the properties. The respondent's evidence of payment and the applicant's recording of payments were accepted. The applicant did not meet the burden of proof on a balance of probabilities, and the application was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.