TM and Others v Mono and Others (25437/18) [2019] ZAGPJHC 243 (24 June 2019)

TM and Others v Mono and Others (25437/18) [2019] ZAGPJHC 243 (24 June 2019)

The court found that the issues raised by the applicants regarding the lawfulness of the property transfer and the authority of the executor had already been fully ventilated and finally determined in prior eviction proceedings before the Magistrate's Court. The applicants were aware of the sale and transfer but failed to challenge it at the appropriate time. The doctrine of res judicata, including issue estoppel, precludes the reconsideration of these issues in the present application. The applicants lack locus standi to bring the application on behalf of the estate without proper appointment, and the relief sought would contradict the final order of the Magistrate's Court. Accordingly,...

Citation
[2019] ZAGPJHC 243
Parties
Applicant: T M; Applicant: B Q; Applicant: Estate Late: Makgosi Maria Albertina; Respondent: John Mokutu Mono; Respondent: Mapula Shereen Mono; Respondent: Nothemba George Attorneys; Respondent: Master of the High Court of South Africa, Gauteng Local Division, Johannesburg; Respondent: Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 June 2019
Case Number
25437/18
Procedural Posture
Review Application / First Instance Judgment
Outcome
Application dismissed with costs.
Judges
TJB Bokaba
Legal Topics
Administration of Deceased Estates, Transfer of Immovable Property, Res Judicata, Locus Standi, Eviction, Fraudulent Transfer
Land and Property Civil Procedure Administration of Deceased Estates Transfer of Immovable Property Res Judicata Locus Standi Eviction Fraudulent Transfer

Case Brief

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Parties

T M

Applicant

B Q

Applicant

Estate Late: Makgosi Maria Albertina

Applicant

John Mokutu Mono

Respondent

Mapula Shereen Mono

Respondent

Nothemba George Attorneys

Respondent

Master of the High Court of South Africa, Gauteng Local Division, Johannesburg

Respondent

Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Review Application / First Instance Judgment

Legal Issues

  1. 1 Whether the transfer of the property from the estate of the Late Makgosi Maria Albertina Dube to the first and second respondents was lawful.
  2. 2 Whether the executor, Mr V M, had authority to sell and transfer the property.
  3. 3 Whether the applicants have locus standi to challenge the transfer.

Ratio Decidendi

The court found that the issues raised by the applicants regarding the lawfulness of the property transfer and the authority of the executor had already been fully ventilated and finally determined in prior eviction proceedings before the Magistrate's Court. The applicants were aware of the sale and transfer but failed to challenge it at the appropriate time. The doctrine of res judicata, including issue estoppel, precludes the reconsideration of these issues in the present application. The applicants lack locus standi to bring the application on behalf of the estate without proper appointment, and the relief sought would contradict the final order of the Magistrate's Court. Accordingly,...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.