Ramafi and Another v Thlapane and Others (3380/09) [2013] ZANWHC 76 (24 October 2013)

Ramafi and Another v Thlapane and Others (3380/09) [2013] ZANWHC 76 (24 October 2013)

The court found that the plaintiffs failed to provide sufficient and credible evidence to establish that the first plaintiff was the owner of the farm portion. The evidence presented was largely hearsay and lacked detail regarding the purchase and possession 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 business on the site allocated to his grandfather, and that the right to trade there vests in him or his entity, not in the estate. The furniture, fittings, and equipment belong to the second plaintiff or his close corporation, except for...

Citation
[2013] ZANWHC 76
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 portion is dismissed. The second plaintiff or Dial-a-Meat CC is declared proprietor of the butchery and its contents, 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, Acquisitive Prescription, Deceased Estates, Tribal Land Rights, Declaratory Relief
Land and Property Civil Procedure Ownership of Land Acquisitive Prescription Deceased Estates Tribal Land Rights Declaratory Relief

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 contents forms part of the estate of the late Mrs Dikoro Josephina Ramafi.

Ratio Decidendi

The court found that the plaintiffs failed to provide sufficient and credible evidence to establish that the first plaintiff was the owner of the farm portion. The evidence presented was largely hearsay and lacked detail regarding the purchase and possession 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 business on the site allocated to his grandfather, and that the right to trade there vests in him or his entity, not in the estate. The furniture, fittings, and equipment belong to the second plaintiff or his close corporation, except for...

Court Disposition

The first plaintiff's claim to ownership of the farm portion is dismissed. The second plaintiff or Dial-a-Meat CC is declared proprietor of the butchery and its contents, 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 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.