R.M v M.M (2019/26021) [2024] ZAGPJHC 111 (2 February 2024)

R.M v M.M (2019/26021) [2024] ZAGPJHC 111 (2 February 2024)

The applicant failed to prove that he was the sole registered holder of the leasehold to the property. The respondent's name appears on the Certificate of Registered Leasehold, establishing her lawful entitlement to occupy the property. The issue of the marriage regime is rendered moot by the joint registration. The applicant's attempt to withhold the full certificate from the court is a serious matter warranting referral to the Legal Practice Council. As the applicant did not discharge the onus to show unlawful occupation by the respondent, the application for eviction must fail.

Citation
[2024] ZAGPJHC 111
Parties
Applicant: R[…] M[…]; Respondent: M[…] P[…] M[..]
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 February 2024
Case Number
2019/26021
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs; matter referred to the Legal Practice Council for investigation.
Judges
DT v R Du Plessis
Legal Topics
Eviction Application, Marriage Regime Dispute, Registered Leasehold, Unlawful Occupation, Division of Joint Estate
Land and Property Family and Children Eviction Application Marriage Regime Dispute Registered Leasehold Unlawful Occupation Division of Joint Estate

Case Brief

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Parties

R[…] M[…]

Applicant

M[…] P[…] M[..]

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the respondent is in unlawful occupation of the property and liable to eviction.
  2. 2 Whether the marriage between the parties was in or out of community of property.
  3. 3 Whether the applicant is the sole registered holder of the leasehold to the property.

Ratio Decidendi

The applicant failed to prove that he was the sole registered holder of the leasehold to the property. The respondent's name appears on the Certificate of Registered Leasehold, establishing her lawful entitlement to occupy the property. The issue of the marriage regime is rendered moot by the joint registration. The applicant's attempt to withhold the full certificate from the court is a serious matter warranting referral to the Legal Practice Council. As the applicant did not discharge the onus to show unlawful occupation by the respondent, the application for eviction must fail.

Court Disposition

Application dismissed with costs; matter referred to the Legal Practice Council for investigation.

Orders

  • The application is dismissed with costs.
  • The matter is referred to the Legal Practice Council to investigate the deliberate withholding of the full Certificate of Registered Leasehold from the court and to take the appropriate disciplinary steps, if applicable.