Ngozo and Others v Ngozo and Others (36953/2019) [2023] ZAGPJHC 1039 (18 September 2023)

Ngozo and Others v Ngozo and Others (36953/2019) [2023] ZAGPJHC 1039 (18 September 2023)

The court found that the applicants failed to substantiate grounds for invalidating the Will of Anna Nkosi-Ngozo, as none of the recognised bases for challenging a Will—lack of formalities, forgery, lack of capacity, or undue influence—were established. The relief for invalidity of the Will was dismissed. However, the registration of the Certificate of Leasehold TL42784/1999 in favour of the respondent was not preceded by the mandatory inquiry under section 2 of the Conversion Act, rendering the registration unlawful. The court ordered cancellation of the deed and reinstatement of the prior Certificate of Occupation. The points in limine raised by the respondent were mostly unsustainable,...

Citation
[2023] ZAGPJHC 1039
Parties
Applicant: Edwin Mohlabane Ngozo; Applicant: Queen Agnes Makhubo; Applicant: Leah Ngozo; Applicant: Lucky Ngozo; Respondent: Grace Ngozo; Respondent: Ekurhuleni Metropolitan Municipality; Respondent: Registrar of Deeds; Respondent: Master of the High Court
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 September 2023
Case Number
36953/2019
Procedural Posture
Review Application / Judgment
Outcome
The application to declare the Will invalid is dismissed. The application to set aside the registration of the Certificate of Leasehold TL42784/1999 is granted.
Judges
Noko
Legal Topics
Conversion of Rights to Leasehold, Will Validity, Non Joinder, Locus Standi, Res Judicata, Deeds Registries Act
Land and Property Civil Procedure Conversion of Rights to Leasehold Will Validity Non Joinder Locus Standi Res Judicata Deeds Registries Act

Case Brief

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Parties

Edwin Mohlabane Ngozo

Applicant

Queen Agnes Makhubo

Applicant

Leah Ngozo

Applicant

Lucky Ngozo

Applicant

Grace Ngozo

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Registrar of Deeds

Respondent

Master of the High Court

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Will executed by the late Anna Nkosi-Ngozo is invalid.
  2. 2 Whether the registration of the Certificate of Leasehold TL42784/1999 in favour of the first respondent should be set aside.
  3. 3 Whether the points in limine raised by the respondent, including non-joinder, locus standi, res judicata, condonation, prescription, and frivolousness, are sustainable.

Ratio Decidendi

The court found that the applicants failed to substantiate grounds for invalidating the Will of Anna Nkosi-Ngozo, as none of the recognised bases for challenging a Will—lack of formalities, forgery, lack of capacity, or undue influence—were established. The relief for invalidity of the Will was dismissed. However, the registration of the Certificate of Leasehold TL42784/1999 in favour of the respondent was not preceded by the mandatory inquiry under section 2 of the Conversion Act, rendering the registration unlawful. The court ordered cancellation of the deed and reinstatement of the prior Certificate of Occupation. The points in limine raised by the respondent were mostly unsustainable,...

Court Disposition

The application to declare the Will invalid is dismissed. The application to set aside the registration of the Certificate of Leasehold TL42784/1999 is granted.

Orders

  • The Registrar of Deeds (Johannesburg) is ordered to cancel the registration of Certificate of Leasehold TL42784/1999 held in respect of house situated at [...] Nhlapo Section, Katlehong.
  • It is declared that the Certificate of Occupation issued in favour of the Late John Ngozo issued in 1966 is reinstated.