Ramaf and Another v Thlapane and Others (3380/09) [2013] ZANWHC 75 (24 October 2013)

Ramaf and Another v Thlapane and Others (3380/09) [2013] ZANWHC 75 (24 October 2013)

The court found that the plaintiffs failed to provide credible and sufficient evidence to establish that the first plaintiff was the owner of the farm portion, either by purchase or by acquisitive prescription. The evidence presented was largely hearsay and lacked detail regarding the purchase, possession, and division of the land. The presumption in favour of the registered owner was not displaced. Regarding the butchery, the court accepted that the second plaintiff or his close corporation currently operates the butchery on the site allocated to his grandfather, and that the right to trade and the assets of the butchery vest in the second plaintiff or his close corporation, not in the...

Citation
[2013] ZANWHC 75
Parties
Plaintiff: Madala David Ramafi; Plaintiff: Danny-Boy Saltiel Ramafi; Defendant: Elizabeth Granny Thlapane; Defendant: Master of the High Court; Defendant: Registrar of Deeds, Vryburg
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
24 October 2013
Case Number
3380/09
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
The first plaintiff's claim to ownership of the farm is dismissed. The second plaintiff is declared proprietor of the butchery and its assets, except for the value of the part of the old building incorporated into the new structure, which forms part of the estate. No order as to costs.
Judges
A A Landman
Legal Topics
Ownership of Land, Declaration of Rights, Acquisitive Prescription, Partition Transfer, Tribal Land Rights
Land and Property Civil Procedure Ownership of Land Declaration of Rights Acquisitive Prescription Partition Transfer Tribal Land Rights

Case Brief

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Parties

Madala David Ramafi

Plaintiff

Danny-Boy Saltiel Ramafi

Plaintiff

Elizabeth Granny Thlapane

Defendant

Master of the High Court

Defendant

Registrar of Deeds, Vryburg

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the first plaintiff is the owner of portion 3 of the farm Zwartbank 121, Registration Division JQ, District Bafokeng.
  2. 2 Whether the second plaintiff is the proprietor of the butchery trading at site 714, BaPhiring Section, Luka.
  3. 3 Whether any part of the butchery or its assets form part of the estate of the late Mrs Dikoro Josephina Ramafi.

Ratio Decidendi

The court found that the plaintiffs failed to provide credible and sufficient evidence to establish that the first plaintiff was the owner of the farm portion, either by purchase or by acquisitive prescription. The evidence presented was largely hearsay and lacked detail regarding the purchase, possession, and division of the land. The presumption in favour of the registered owner was not displaced. Regarding the butchery, the court accepted that the second plaintiff or his close corporation currently operates the butchery on the site allocated to his grandfather, and that the right to trade and the assets of the butchery vest in the second plaintiff or his close corporation, not in the...

Court Disposition

The first plaintiff's claim to ownership of the farm is dismissed. The second plaintiff is declared proprietor of the butchery and its assets, except for the value of the part of the old building incorporated into the new structure, which forms part of the estate. No order as to costs.

Orders

  • Prayers (a), (c) and (d) are refused and dismissed.
  • It is declared that the second plaintiff or the close corporation Dial-a-Meat CC is the proprietor of the Butchery on site 714, BaPhiring Section, Luka and all furnishings, fittings and equipment in that butchery.