Zwane and Others v Dongo and Others (25416/2019) [2021] ZAGPJHC 93 (20 July 2021)

Zwane and Others v Dongo and Others (25416/2019) [2021] ZAGPJHC 93 (20 July 2021)

The application is dismissed because section 6 of the Deeds Registries Act does not provide a legal basis for the relief sought by the applicants. Cancellation of the current title deed would only revive the previous deed, not confer ownership on the applicants. The property was transferred to the first and second respondents pursuant to a valid court order, which remains extant and unrescinded. The applicants failed to join all necessary parties with a vested interest in the property, and their cause of action is not supported by law. The applicants have not addressed the legal consequences of the abstract system of transfer or the protection afforded to bona fide purchasers at judicial...

Citation
[2021] ZAGPJHC 93
Parties
Applicant: Zwane, Tobi Aslita; Applicant: Malome, Thembikile Eselinah; Applicant: Zulu, Jabulile Minie; Applicant: Zulu, Moses; Respondent: Dongo, Thabo Walter; Respondent: Dongo, Thabo Walter N O; Respondent: Director-General of the Department of Housing, Gauteng Province; Respondent: Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 July 2021
Case Number
25416/2019
Procedural Posture
Final Interdict Application / Opposed Application for Final Mandatory Interdict; Judgment Delivered
Outcome
Application dismissed with costs.
Judges
Adams
Legal Topics
Deeds Registries Act, Cancellation of Title Deed, Rei Vindicatio, Sale in Execution, Joinder of Parties
Land and Property Civil Procedure Deeds Registries Act Cancellation of Title Deed Rei Vindicatio Sale in Execution Joinder of Parties

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
Sign in to unlock

Parties

Zwane, Tobi Aslita

Applicant

Malome, Thembikile Eselinah

Applicant

Zulu, Jabulile Minie

Applicant

Zulu, Moses

Applicant

Dongo, Thabo Walter

Respondent

Dongo, Thabo Walter N O

Respondent

Director-General of the Department of Housing, Gauteng Province

Respondent

Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Final Interdict Application / Opposed Application for Final Mandatory Interdict; Judgment Delivered

Legal Issues

  1. 1 Whether the applicants are entitled to cancellation of the title deed held by the first and second respondents.
  2. 2 Whether section 6 of the Deeds Registries Act provides a legal basis for the relief sought.
  3. 3 Whether the applicants have established a valid cause of action for re-registration of the property in their names.

Ratio Decidendi

The application is dismissed because section 6 of the Deeds Registries Act does not provide a legal basis for the relief sought by the applicants. Cancellation of the current title deed would only revive the previous deed, not confer ownership on the applicants. The property was transferred to the first and second respondents pursuant to a valid court order, which remains extant and unrescinded. The applicants failed to join all necessary parties with a vested interest in the property, and their cause of action is not supported by law. The applicants have not addressed the legal consequences of the abstract system of transfer or the protection afforded to bona fide purchasers at judicial...

Court Disposition

Application dismissed with costs.

Orders

  • The application by the first, second, third and fourth applicants against the first and second respondents is dismissed with costs.
  • The first, second, third and fourth applicants, jointly and severally, the one paying the other to be absolved, shall pay the first and second respondents' costs of this opposed application.