Sibiya N.O v Chabango and Others (75040/2015) [2020] ZAGPPHC 488 (28 August 2020)

Sibiya N.O v Chabango and Others (75040/2015) [2020] ZAGPPHC 488 (28 August 2020)

The court found that the applicant failed to establish locus standi, as she was not issued with letters of executorship in terms of the Administration of Estates Act 66 of 1965 and thus lacked authority to act as executrix. The applicant's claim to the property was based on occupation and inheritance, but there was no evidence that the disputed property was ever registered in the names of the deceased or her family members. The property was lawfully transferred and registered in the name of the first respondent, who subsequently sold it to the seventh and eighth respondents. The applicant's interest was deemed too far removed, abstract, and hypothetical, and her reliance on common law...

Citation
[2020] ZAGPPHC 488
Parties
Applicant: Nomathemba Yvonne Sibiya N.O; Respondent: Thokozile Chabango; Respondent: City of Tshwane Municipality; Respondent: Registrar of Deeds; Respondent: Director-General of Human Settlements; Respondent: Master of the High Court; Respondent: Jan Chabango; Respondent: Rirhandzu Oshler Zwane; Respondent: Mxolisi Joseph Zwane; Respondent: First Rand Bank Limited; Respondent: Seventh Respondent; Respondent: Eighth Respondent
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 August 2020
Case Number
75040/2015
Procedural Posture
Review Application / Judgment After Opposed Application and Interlocutory Motions
Outcome
Application dismissed. Point in limine regarding locus standi upheld.
Judges
Madiba SS
Legal Topics
Locus Standi, Joinder of Parties, Condonation, Ownership of Immovable Property, Administration of Estates Act, Conversion of Rights to Leasehold
Land and Property Civil Procedure Locus Standi Joinder of Parties Condonation Ownership of Immovable Property Administration of Estates Act Conversion of Rights to Leasehold

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Parties

Nomathemba Yvonne Sibiya N.O

Applicant

Thokozile Chabango

Respondent

City of Tshwane Municipality

Respondent

Registrar of Deeds

Respondent

Director-General of Human Settlements

Respondent

Master of the High Court

Respondent

Jan Chabango

Respondent

Rirhandzu Oshler Zwane

Respondent

Mxolisi Joseph Zwane

Respondent

First Rand Bank Limited

Respondent

Seventh Respondent

Respondent

Eighth Respondent

Respondent

Procedural Posture

Review Application / Judgment After Opposed Application and Interlocutory Motions

Legal Issues

  1. 1 Whether the applicant has the necessary locus standi to bring the application.
  2. 2 Whether the sale and transfer of Erf 2376 Section H Mamelodi West Pretoria should be cancelled.
  3. 3 Whether the registration of Erf 2376 Mamelodi West should be expunged from the Deeds Registry.

Ratio Decidendi

The court found that the applicant failed to establish locus standi, as she was not issued with letters of executorship in terms of the Administration of Estates Act 66 of 1965 and thus lacked authority to act as executrix. The applicant's claim to the property was based on occupation and inheritance, but there was no evidence that the disputed property was ever registered in the names of the deceased or her family members. The property was lawfully transferred and registered in the name of the first respondent, who subsequently sold it to the seventh and eighth respondents. The applicant's interest was deemed too far removed, abstract, and hypothetical, and her reliance on common law...

Court Disposition

Application dismissed. Point in limine regarding locus standi upheld.

Orders

  • The point in limine is upheld.
  • The applicant is ordered to pay the costs of the first, seventh, and eighth respondents.