Mphirime v Pouane and Others (59991/2015) [2017] ZAGPPHC 959 (29 March 2017)

Mphirime v Pouane and Others (59991/2015) [2017] ZAGPPHC 959 (29 March 2017)

The court found that a valid donation agreement was concluded between the applicant and Puoane in 2001, supported by affidavit and corroborating documents. The applicant lawfully occupied and improved the property, and the Housing Adjudication Committee's 2002 ruling confirmed her entitlement. The first respondent failed to provide credible evidence refuting the donation or proving a sale agreement. The administrative error in registering the title deed in Puoane's name was not rectified by the responsible officials, prejudicing the applicant's rights. The court held that the applicant was entitled to cancellation of the title deed and registration of ownership in her name, as the...

Citation
[2017] ZAGPPHC 959
Parties
Applicant: Mohanuwa Elisa Mphirime; Respondent: George Puoane; Respondent: Executor in the Estate of the late Mothogoane Abia Puoane; Respondent: Director-General of Department of Human Settlements, Gauteng Province; Respondent: MEC of Department of Human Settlements, Gauteng Province; Respondent: Registrar of Deeds (Pretoria)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 March 2017
Case Number
59991/2015
Procedural Posture
Review Application / Application for Cancellation of Title Deed and Transfer of Property Ownership
Outcome
Application granted; title deed cancelled and property ownership to be registered in applicant's name.
Judges
ML Senyatsi
Legal Topics
Title Deed Cancellation, Housing Adjudication, Donation of Property, Administrative Error, Transfer of Ownership
Land and Property Administrative Law Title Deed Cancellation Housing Adjudication Donation of Property Administrative Error Transfer of Ownership

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Parties

Mohanuwa Elisa Mphirime

Applicant

George Puoane

Respondent

Executor in the Estate of the late Mothogoane Abia Puoane

Respondent

Director-General of Department of Human Settlements, Gauteng Province

Respondent

MEC of Department of Human Settlements, Gauteng Province

Respondent

Registrar of Deeds (Pretoria)

Respondent

Procedural Posture

Review Application / Application for Cancellation of Title Deed and Transfer of Property Ownership

Legal Issues

  1. 1 Whether there was a valid donation agreement between Puoane and the applicant regarding the RDP property.
  2. 2 Whether the Housing Adjudication Committee's ruling was binding and enforceable.

Ratio Decidendi

The court found that a valid donation agreement was concluded between the applicant and Puoane in 2001, supported by affidavit and corroborating documents. The applicant lawfully occupied and improved the property, and the Housing Adjudication Committee's 2002 ruling confirmed her entitlement. The first respondent failed to provide credible evidence refuting the donation or proving a sale agreement. The administrative error in registering the title deed in Puoane's name was not rectified by the responsible officials, prejudicing the applicant's rights. The court held that the applicant was entitled to cancellation of the title deed and registration of ownership in her name, as the...

Court Disposition

Application granted; title deed cancelled and property ownership to be registered in applicant's name.

Orders

  • Title Deed Number T118476/2003 for Erf 6970 Stretford Extension 4 Township is cancelled.
  • The Registrar of Deeds, Pretoria is directed to cancel the title deed and register ownership in the applicant's name within 45 court days.