Rewu and Another v Moko and Others (67303/2013) [2014] ZAGPPHC 846 (23 October 2014)

Rewu and Another v Moko and Others (67303/2013) [2014] ZAGPPHC 846 (23 October 2014)

The court found that there is a serious factual dispute regarding the entitlement to the property and the validity of the registration in the first respondent's name. Both parties rely on conflicting internal documents from the same department, and the matter involves complex issues of law and fact, including prescription and functus officio. The court held that motion proceedings are not suitable for resolving these disputes and that the matter should be referred to trial to allow for proper ventilation of all issues. The application for cancellation of the registration cannot be granted on the papers as they stand.

Citation
[2014] ZAGPPHC 846
Parties
Applicant: Buti Solomon Rewu; Applicant: Director General of the Department of Housing, Gauteng Province; Respondent: Mamoretlo Gladys Moko; Respondent: Emfuleni Local Municipality; Respondent: Registrar of Deeds, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2014
Case Number
67303/2013
Procedural Posture
Civil Application / Referral to Trial After Opposed Motion Proceedings
Outcome
Application referred to trial; no final relief granted on the papers.
Judges
D S Fourie
Legal Topics
Title Deed Cancellation, Conversion of Rights Act, Prescription, Functus Officio, Motion Proceedings, Referral to Trial
Land and Property Civil Procedure Title Deed Cancellation Conversion of Rights Act Prescription Functus Officio Motion Proceedings Referral to Trial

Case Brief

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Parties

Buti Solomon Rewu

Applicant

Director General of the Department of Housing, Gauteng Province

Applicant

Mamoretlo Gladys Moko

Respondent

Emfuleni Local Municipality

Respondent

Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Civil Application / Referral to Trial After Opposed Motion Proceedings

Legal Issues

  1. 1 Whether the registration of Erf 901, Bophelong Township in the name of the first respondent was erroneous or irregular.
  2. 2 Whether the first respondent's claim to the property has prescribed.
  3. 3 Whether the second applicant is functus officio regarding the adjudication of the property claim.

Ratio Decidendi

The court found that there is a serious factual dispute regarding the entitlement to the property and the validity of the registration in the first respondent's name. Both parties rely on conflicting internal documents from the same department, and the matter involves complex issues of law and fact, including prescription and functus officio. The court held that motion proceedings are not suitable for resolving these disputes and that the matter should be referred to trial to allow for proper ventilation of all issues. The application for cancellation of the registration cannot be granted on the papers as they stand.

Court Disposition

Application referred to trial; no final relief granted on the papers.

Orders

  • The application is referred to trial.
  • The notice of motion shall stand as a simple summons.