South Africa Case Law

Steenkamp N.O and Others v Rampai and Others (2478/2022)

Steenkamp N.O and Others v Rampai and Others (2478/2022) [2023] ZAFSHC 233 (15 June 2023)

Court

Free State High Court, Bloemfontein

Case number

2478/2022

Judge

NG Gusha

The court found that the 1st to 3rd respondents obtained registration of the property through fraudulent misrepresentation to the Master of the High Court, falsely claiming to be the deceased's sisters and omitting the existence of the lawful heir. This fraud vitiated the registration, rendering it void ab initio. The respondents conceded the misrepresentation and acquiesced to the relief sought. Applying the principle that fraud unravels all, the court ordered cancellation of the title deed and restoration of the property to the deceased's estate for distribution in accordance with intestate…

Source excerpt

• Intestate Succession
• Fraudulent Misrepresentation
• Cancellation Of Title Deed
• Registration Of Property

Botha N.O. v Leboko-Radebe and Others (16835/2021)

Botha N.O. v Leboko-Radebe and Others (16835/2021) [2022] ZAGPJHC 724 (22 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

16835/2021

Judge

Adams

The High Court set aside a fraudulent transfer and mortgage bond over immovable property, holding that ownership did not pass despite registration.

• Rei Vindicatio
• Deeds Registries Act
• Fraudulent Transfer
• Cancellation Of Title Deed
• Mortgage Bond Cancellation
• Rei-vindicatio

Ozoh v Dladla and Others (19/31789)

Ozoh v Dladla and Others (19/31789) [2021] ZAGPJHC 773 (11 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

19/31789

Judge

Majavu

The applicant's mother held a regulation 7 permit, which was lawfully terminated by the Municipality in 1981. Thereafter, the property was allocated to the first respondent, who purchased it under the 99-year leasehold scheme and was later issued a full title deed in accordance with statutory provisions. At the time of her death, the applicant's mother had no legal right or interest in the property, and it did not form part of her estate. The applicant's claim is therefore without merit, as she cannot assert rights over property her mother did not own or have a legal interest in. The process…

Source excerpt

• Cancellation Of Title Deed
• Conversion Of Land Tenure Rights
• Regulation 7 Permit
• Upgrading Of Land Tenure Rights Act
• Black Communities Development Act
• Housing Act

Zwane and Others v Dongo and Others (25416/2019)

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

Court

South Gauteng High Court, Johannesburg

Case number

25416/2019

Judge

Adams

The High Court dismissed an application to cancel a title deed and re-register property in the applicants’ names, finding no legal basis under section 6 of the Deeds Registries Act.

• Deeds Registries Act
• Cancellation Of Title Deed
• Rei Vindicatio
• Sale In Execution
• Joinder Of Parties
• Deeds-registries-act

Thwala and Another v First National Bank Limited and Others (2015/19201)

Thwala and Another v First National Bank Limited and Others (2015/19201) [2016] ZAGPJHC 13 (5 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2015/19201

Judge

T V Norman

The court found that the applicants had satisfied the judgment debt prior to the sale in execution, and thus there was no lawful cause for the sale. The sale in execution was declared null and void, and all subsequent transfers based on that sale were equally invalid. The principle that a bona fide purchaser for value cannot retain title where the sale is a nullity applies, and the applicants never lost ownership of the property. The Registrar of Deeds is ordered to cancel the title deeds registered in the names of the second, third, and fourth respondents and to restore registration to the a…

Source excerpt

• Deeds Registries Act
• Sale In Execution
• Rei Vindicatio
• Transfer Of Property
• Bona Fide Purchaser
• Cancellation Of Title Deed

Disetsane and Others v Moganedi and Others (A910/12)

Disetsane and Others v Moganedi and Others (A910/12) [2014] ZAGPPHC 645 (27 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

A910/12

Judges

P.M. Mabuse, T.J. Rauunga, D.S. Fourie

The High Court upheld an appeal and ordered cancellation of an erroneously registered deed of transfer under section 6 of the Deeds Registries Act.

• Deeds Registries Act
• Cancellation Of Title Deed
• Transfer Of Property
• Unopposed Motion
• Rectification Of Registration
• Deeds-registries-act