Stoffberg NO and Others v City of Cape Town (1325/2017) [2019] ZASCA 70 (30 May 2019)

Stoffberg NO and Others v City of Cape Town (1325/2017) [2019] ZASCA 70 (30 May 2019)

The court held that the appellants failed to prove continuous possession of the property for 30 years prior to the first lease agreement, which was entered into no later than 1961. The acts of possession relied upon were either sporadic, consistent with public use, or commenced too late to complete the prescriptive period. The entry into lease agreements was irreconcilable with a genuine belief of ownership. The evidence did not establish civilis possessio with animus domini for the required period. Consequently, the requirements for acquisitive prescription under section 2 of the Prescription Act 18 of 1943 were not met, and the appeal was dismissed.

Citation
[2019] ZASCA 70
Parties
Appellant: Zulmira Fedelia Stoffberg NO; Appellant: Nicolaas Euverhardus Phillipus Stoffberg NO; Appellant: Marthinus Stoffberg NO; Appellant: Phillipus Stoffberg; Appellant: Marthinus Stoffberg; Respondent: City of Cape Town
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 2019
Case Number
1325/2017
Procedural Posture
Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Ponnan, Tshiqi, Van der Merwe, Schippers, Eksteen
Legal Topics
Acquisitive Prescription, Rei Vindicatio, Public Servitude, Animus Domini, Continuous Possession
Land and Property Civil Procedure Acquisitive Prescription Rei Vindicatio Public Servitude Animus Domini Continuous Possession

Case Brief

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Parties

Zulmira Fedelia Stoffberg NO

Appellant

Nicolaas Euverhardus Phillipus Stoffberg NO

Appellant

Marthinus Stoffberg NO

Appellant

Phillipus Stoffberg

Appellant

Marthinus Stoffberg

Appellant

City of Cape Town

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Whether the fifth appellant acquired ownership of the property by acquisitive prescription under section 2 of the Prescription Act 18 of 1943.
  2. 2 Whether the acts of possession by the Stoffberg family constituted civilis possessio nec vi, nec clam, nec precario for a continuous period of 30 years.
  3. 3 Whether the nature and duration of the acts of possession were sufficient to establish ownership adverse to the registered owner.

Ratio Decidendi

The court held that the appellants failed to prove continuous possession of the property for 30 years prior to the first lease agreement, which was entered into no later than 1961. The acts of possession relied upon were either sporadic, consistent with public use, or commenced too late to complete the prescriptive period. The entry into lease agreements was irreconcilable with a genuine belief of ownership. The evidence did not establish civilis possessio with animus domini for the required period. Consequently, the requirements for acquisitive prescription under section 2 of the Prescription Act 18 of 1943 were not met, and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.