Moshodi and Others v Sebotsa and Others (2596/2017) [2018] ZAFSHC 124 (14 August 2018)

Moshodi and Others v Sebotsa and Others (2596/2017) [2018] ZAFSHC 124 (14 August 2018)

The court found that the applicants had established, on a balance of probabilities, that they had occupied the property for a considerable period prior to its registration and transfer into the respondents' names. The respondents failed to provide affidavits or proof supporting the legitimacy of their title deed or to effectively challenge the applicants' claim of long-term occupation. However, the applicants' evidence was also insufficient to conclusively reject the authenticity of the respondents' title deed. The court concluded that neither party had established a clear legal right to ownership and that further investigation by the relevant authorities was warranted. As an equitable...

Citation
[2018] ZAFSHC 124
Parties
Applicant: Lekhetho Jacob Moshodi; Applicant: Mamokete Ruth Moshodi; Respondent: Stephen Tefo Sebotsa; Respondent: Judith Moleboheng Sebotsa; Respondent: Mangaung Metropolitan Municipality; Respondent: Registrar of Deeds Bloemfontein; Respondent: Member of the Executive Council for Cooperative Governance, Traditional Affairs and Human Settlement, Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 August 2018
Case Number
2596/2017
Procedural Posture
Review Application / Judgment
Outcome
The application is granted in terms of prayer 4; the Registrar of Deeds is authorized to cancel or deregister the title deed and transfer the property as appropriate. No order as to costs.
Judges
B Lefenya
Legal Topics
Title Deed Cancellation, Long Term Possession, Registration of Land, Proof of Ownership
Land and Property Civil Procedure Title Deed Cancellation Long Term Possession Registration of Land Proof of Ownership

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Lekhetho Jacob Moshodi

Applicant

Mamokete Ruth Moshodi

Applicant

Stephen Tefo Sebotsa

Respondent

Judith Moleboheng Sebotsa

Respondent

Mangaung Metropolitan Municipality

Respondent

Registrar of Deeds Bloemfontein

Respondent

Member of the Executive Council for Cooperative Governance, Traditional Affairs and Human Settlement, Free State Province

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants are rightfully occupying or residing in the property.
  2. 2 Whether the property was wrongly registered and transferred into the first and second respondents' names.
  3. 3 Whether the title deed was mistakenly issued in the names of the first and second respondents.

Ratio Decidendi

The court found that the applicants had established, on a balance of probabilities, that they had occupied the property for a considerable period prior to its registration and transfer into the respondents' names. The respondents failed to provide affidavits or proof supporting the legitimacy of their title deed or to effectively challenge the applicants' claim of long-term occupation. However, the applicants' evidence was also insufficient to conclusively reject the authenticity of the respondents' title deed. The court concluded that neither party had established a clear legal right to ownership and that further investigation by the relevant authorities was warranted. As an equitable...

Court Disposition

The application is granted in terms of prayer 4; the Registrar of Deeds is authorized to cancel or deregister the title deed and transfer the property as appropriate. No order as to costs.

Orders

  • The Registrar of Deeds Bloemfontein is authorized and/or ordered to cancel the title deed registered and held in the names of the First and Second Respondents under title deed reference number T20084/2011 for the property, alternatively to deregister the transfer and/or registration of the property under title deed...
  • No order is made as to costs.