Ramoraswi and Others v Hlongwane and Others; Matlala and Another v Hlongwane and Others (37227/2011; 14614/2009) [2016] ZAGPPHC 1009 (2 December 2016)

Ramoraswi and Others v Hlongwane and Others; Matlala and Another v Hlongwane and Others (37227/2011; 14614/2009) [2016] ZAGPPHC 1009 (2 December 2016)

The court found that the applicants failed to act for an unreasonable period despite knowledge of the sale and the appointment of the first respondent as administrator. The deed of donation relied upon by the applicants was suspicious due to date discrepancies and lack of explanation for the absence of the original. The respondents, as bona fide purchasers, were entitled to rely on the representation made by the first respondent, and estoppel was applicable as its operation would not result in legal impermissibility. In the eviction matter, the court held that the applicants bore greater financial hardship and that it was just and equitable for the unlawful occupiers to vacate the...

Citation
[2016] ZAGPPHC 1009
Parties
Applicant: Jane Ramoraswi; Applicant: Sipho Ramoraswi; Applicant: Eva Ramoraswi; Respondent: Sarah Hlongwane; Respondent: Elma Matlala; Respondent: Semakaleng Lucia Boikanyo; Respondent: The Master of the High Court, Pretoria; Respondent: Nedbank Limited; Respondent: The Registrar of Deeds, Pretoria; Applicant: Elma Matlala; Applicant: Semakaleng Lucia Boikanyo; Respondent: Mapule Sarah Hlongwane; Respondent: Macy Ramoraswi; Respondent: Unlawful Occupiers of 300 Chabangu Street, Mamelodi West Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 December 2016
Case Number
37227/2011; 14614/2009
Procedural Posture
Consolidated Application / Judgment After Hearing on Merits
Outcome
Application under case 37227/2011 dismissed with costs. Eviction application under case 14614/2009 granted.
Judges
N.P. Mali
Legal Topics
Intestate Succession, Deceased Estate Administration, Estoppel, Unlawful Occupation, Eviction Under Pie
Land and Property Civil Procedure Intestate Succession Deceased Estate Administration Estoppel Unlawful Occupation Eviction Under Pie

Case Brief

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Parties

Jane Ramoraswi

Applicant

Sipho Ramoraswi

Applicant

Eva Ramoraswi

Applicant

Sarah Hlongwane

Respondent

Elma Matlala

Respondent

Semakaleng Lucia Boikanyo

Respondent

The Master of the High Court, Pretoria

Respondent

Nedbank Limited

Respondent

The Registrar of Deeds, Pretoria

Respondent

Elma Matlala

Applicant

Semakaleng Lucia Boikanyo

Applicant

Mapule Sarah Hlongwane

Respondent

Macy Ramoraswi

Respondent

Unlawful Occupiers of 300 Chabangu Street, Mamelodi West Pretoria

Respondent

Procedural Posture

Consolidated Application / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the first respondent was lawfully appointed as administrator of the deceased estate and entitled to sell the property.
  2. 2 Whether the sale of the property to the second and third respondents is valid.
  3. 3 Whether estoppel applies to prevent the applicants from challenging the sale.

Ratio Decidendi

The court found that the applicants failed to act for an unreasonable period despite knowledge of the sale and the appointment of the first respondent as administrator. The deed of donation relied upon by the applicants was suspicious due to date discrepancies and lack of explanation for the absence of the original. The respondents, as bona fide purchasers, were entitled to rely on the representation made by the first respondent, and estoppel was applicable as its operation would not result in legal impermissibility. In the eviction matter, the court held that the applicants bore greater financial hardship and that it was just and equitable for the unlawful occupiers to vacate the...

Court Disposition

Application under case 37227/2011 dismissed with costs. Eviction application under case 14614/2009 granted.

Orders

  • The application to set aside the sale and appointment of the first respondent as administrator is dismissed with costs.
  • The first, second, and third respondents and all persons occupying the premises through them must vacate the property at Mamelodi West, Gauteng within 30 days of this order.