Tsotetsi v Mkhwebane and Others (40252/19) [2021] ZAGPJHC 781 (6 December 2021)

Tsotetsi v Mkhwebane and Others (40252/19) [2021] ZAGPJHC 781 (6 December 2021)

The court found that the sale of the property to the respondents was fraudulent, as it was effected by an imposter who unlawfully impersonated the applicant and used forged documents. The respondents admitted the fraudulent nature of the transaction both in correspondence and in their answering affidavit. The applicant was not complicit in the fraud; the respondents' allegations were speculative and unsupported by evidence. Consequently, the sale and transfer of title to the respondents were declared void. The Registrar of Deeds was directed to cancel the fraudulent deed of transfer and related endorsements in terms of section 6(2) of the Deeds Registries Act. No order as to costs was...

Citation
[2021] ZAGPJHC 781
Parties
Applicant: Maria Dianetsi Tsotetsi; Respondent: Elias Mzwakhe Mkhwebane; Respondent: Sarah Nasinda Mkhwebane; Respondent: Registrar of Deeds; Respondent: Ekhureleni Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 December 2021
Case Number
40252/19
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The sale and transfer of the property to the respondents are declared void and set aside. The Registrar of Deeds is directed to cancel the fraudulent deed of transfer and related endorsements. No order as to costs.
Judges
SK Hassim
Legal Topics
Fraudulent Transfer, Deeds Registries Act, Void Sale, Cancellation of Title, Property Ownership
Land and Property Civil Procedure Fraudulent Transfer Deeds Registries Act Void Sale Cancellation of Title Property Ownership

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Maria Dianetsi Tsotetsi

Applicant

Elias Mzwakhe Mkhwebane

Respondent

Sarah Nasinda Mkhwebane

Respondent

Registrar of Deeds

Respondent

Ekhureleni Metropolitan Municipality

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the sale of the property to the respondents was fraudulent and void.
  2. 2 Whether the transfer of title to the respondents should be set aside.
  3. 3 Whether the Registrar of Deeds should cancel the title deed and related endorsements.

Ratio Decidendi

The court found that the sale of the property to the respondents was fraudulent, as it was effected by an imposter who unlawfully impersonated the applicant and used forged documents. The respondents admitted the fraudulent nature of the transaction both in correspondence and in their answering affidavit. The applicant was not complicit in the fraud; the respondents' allegations were speculative and unsupported by evidence. Consequently, the sale and transfer of title to the respondents were declared void. The Registrar of Deeds was directed to cancel the fraudulent deed of transfer and related endorsements in terms of section 6(2) of the Deeds Registries Act. No order as to costs was...

Court Disposition

Application granted. The sale and transfer of the property to the respondents are declared void and set aside. The Registrar of Deeds is directed to cancel the fraudulent deed of transfer and related endorsements. No order as to costs.

Orders

  • The sale of erf [....] Tsakane Extension 12 Township to the respondents in terms of the deed of sale signed on 20 June 2018 is void and set aside.
  • The transfer of title to the respondents under Deed of Transfer No. T31544/2018 is declared null and void.