Moesei v Sheriff Pretoria North and Others (57331/2007) [2010] ZAGPPHC 292 (12 January 2010)

Moesei v Sheriff Pretoria North and Others (57331/2007) [2010] ZAGPPHC 292 (12 January 2010)

The Court found that the transfer of Stand 4172 from the second respondent to the third respondent was effected in error, without proper authority, and in disregard of the applicant's existing lease and occupation rights. The allocation was made for an RDP housing project, but the property was substantially larger than a standard RDP stand, and the price paid was a fraction of its true value. The second respondent admitted the error and undertook to pay costs, while the third respondent could not dispute the facts. The Court declared the transfer null and void, ordered re-transfer to the second respondent, and awarded costs against the second and third respondents, jointly and severally.

Citation
[2010] ZAGPPHC 292
Parties
Applicant: Violet Moetji Moesei; Respondent: The Sheriff, Pretoria North; Respondent: City of Tshwane Metropolitan Municipality; Respondent: Matlakala Maria Mkhize
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 January 2010
Case Number
57331/2007
Procedural Posture
Civil Application / Reasons for Judgment Following Final Order
Outcome
Application for reasons granted; transfer declared null and void; costs awarded as per previous order.
Judges
E Bertelsmann
Legal Topics
Transfer of Immovable Property, Error in Administration, Lease Rights, Eviction, Costs Award
Land and Property Civil Procedure Transfer of Immovable Property Error in Administration Lease Rights Eviction Costs Award

Case Brief

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Parties

Violet Moetji Moesei

Applicant

The Sheriff, Pretoria North

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Matlakala Maria Mkhize

Respondent

Procedural Posture

Civil Application / Reasons for Judgment Following Final Order

Legal Issues

  1. 1 Whether the transfer of Stand 4172, Extension 4 Soshanguve South from the second respondent to the third respondent was valid.
  2. 2 Whether the applicant's lease and occupation rights were disregarded in the transfer process.
  3. 3 Whether the allocation and transfer to the third respondent were made in error.

Ratio Decidendi

The Court found that the transfer of Stand 4172 from the second respondent to the third respondent was effected in error, without proper authority, and in disregard of the applicant's existing lease and occupation rights. The allocation was made for an RDP housing project, but the property was substantially larger than a standard RDP stand, and the price paid was a fraction of its true value. The second respondent admitted the error and undertook to pay costs, while the third respondent could not dispute the facts. The Court declared the transfer null and void, ordered re-transfer to the second respondent, and awarded costs against the second and third respondents, jointly and severally.

Court Disposition

Application for reasons granted; transfer declared null and void; costs awarded as per previous order.

Orders

  • The transfer of Stand 4172, Extension 4 Soshanguve South from the second respondent to the third respondent is declared null and void.
  • The first respondent is ordered to transfer the property to the second respondent and sign all necessary documents to effect this transfer.