Motaung v Phahlane and Others (053812/2022) [2025] ZAGPJHC 384 (7 April 2025)

Motaung v Phahlane and Others (053812/2022) [2025] ZAGPJHC 384 (7 April 2025)

The applicant lacks locus standi to bring the application as he was lawfully evicted from the property by a competent Magistrate Court order, which remains binding and has not been set aside. The High Court cannot disregard the existing eviction order, and the applicant's continued occupation is unlawful and in...

Source-derived case information.

Citation
[2025] ZAGPJHC 384
Parties
Applicant: Mojalefa Motaung; Respondent: Pearl Molebogeng Puleng Phahlane; Respondent: Master of High Court Johannesburg; Respondent: Emfuleni Local Municipality; Respondent: Director General Department of Human Settlement Gauteng Province; Respondent: Registrar of Deeds Pretoria
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 April 2025
Case Number
053812/2022
Procedural Posture
Urgent Application / Application for Cancellation of Title Deed and Referral for Inquiry
Outcome
Application dismissed with costs.
Judges
Nharmuravate
Legal Topics
Unlawful Occupation, Eviction Order, Locus Standi, Title Deed Cancellation
Land and Property Civil Procedure Unlawful Occupation Eviction Order Locus Standi Title Deed Cancellation

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Parties

Mojalefa Motaung

Applicant

Pearl Molebogeng Puleng Phahlane

Respondent

Master of High Court Johannesburg

Respondent

Emfuleni Local Municipality

Respondent

Director General Department of Human Settlement Gauteng Province

Respondent

Registrar of Deeds Pretoria

Respondent

Procedural Posture

Urgent Application / Application for Cancellation of Title Deed and Referral for Inquiry

Legal Issues

  1. 1 Whether the applicant has locus standi to seek cancellation of the title deed and referral for inquiry regarding the property.
  2. 2 Whether the applicant is before the court with clean hands given the existing eviction order.
  3. 3 Whether the High Court can disregard the Magistrate Court's eviction order.

Ratio Decidendi

The applicant lacks locus standi to bring the application as he was lawfully evicted from the property by a competent Magistrate Court order, which remains binding and has not been set aside. The High Court cannot disregard the existing eviction order, and the applicant's continued occupation is unlawful and in contempt of court. The applicant failed to disclose material facts in his founding papers and attempted to circumvent the law. Accordingly, the application cannot succeed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with party and party costs, including counsel's fees on scale 'B'.