Wessie v Twala Attorneys and Others (2019/32449) [2021] ZAGPJHC 468 (27 September 2021)

Wessie v Twala Attorneys and Others (2019/32449) [2021] ZAGPJHC 468 (27 September 2021)

The court found that the transaction was simulated and did not reflect the true intention of the parties. The applicant failed to respond to serious allegations regarding her ownership and the nature of the transaction. The court held that it could not lend its authority to a perversion of justice by upholding a simulated transaction. The integrity of the deeds office must be maintained, and a title deed resulting from a simulated sale cannot remain a public record. The application was dismissed, and the Registrar of Deeds was ordered to cancel the title deed in question.

Citation
[2021] ZAGPJHC 468
Parties
Applicant: Embaikangwe Beauty Wessie; Respondent: Twala Attorneys; Respondent: Sarah Gaegane; Respondent: Ernest Gaegane; Respondent: Registrar of Deeds
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 September 2021
Case Number
2019/32449
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed; title deed to be cancelled.
Judges
O. Mooki
Legal Topics
Simulated Transaction, Title Deed Cancellation, Deed of Sale, Donation Vs Sale
Land and Property Civil Procedure Simulated Transaction Title Deed Cancellation Deed of Sale Donation Vs Sale

Case Brief

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Parties

Embaikangwe Beauty Wessie

Applicant

Twala Attorneys

Respondent

Sarah Gaegane

Respondent

Ernest Gaegane

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the deed of sale for the property was a simulated transaction and thus void.
  2. 2 Whether the Registrar of Deeds should be ordered to cancel the title deed resulting from the simulated sale.
  3. 3 Whether Twala Attorneys acted in accordance with the applicant's instructions and the law.

Ratio Decidendi

The court found that the transaction was simulated and did not reflect the true intention of the parties. The applicant failed to respond to serious allegations regarding her ownership and the nature of the transaction. The court held that it could not lend its authority to a perversion of justice by upholding a simulated transaction. The integrity of the deeds office must be maintained, and a title deed resulting from a simulated sale cannot remain a public record. The application was dismissed, and the Registrar of Deeds was ordered to cancel the title deed in question.

Court Disposition

Application dismissed; title deed to be cancelled.

Orders

  • The application is dismissed.
  • The Registrar of Deeds is ordered to cancel title deed no. [....]/2018 in relation to Erf [....] Meadowlands Township Registration Division I.R., Province of Gauteng in extent 251 square metres.