Ethekwini Municipality v Phyllis and Others (7081/2012)
Ethekwini Municipality v Phyllis and Others (7081/2012) [2012] ZAKZDHC 74 (12 November 2012)
The application was dismissed because the applicant failed to establish a cause of action in law to justify the cancellation of the respondents' title deeds and deprivation of their ownership. The applicant did not prove the existence or breach of any contractual terms entitling it to relief, nor did it comply with statutory requirements for notifying the Registrar of Deeds. Section 25 of the Constitution prohibits arbitrary deprivation of property, and the applicant's reliance on regulations was insufficient without evidence of enforceable contracts. The court found no lawful basis for the r…
Source excerpt
- Cancellation Of Title Deeds
- Arbitrary Deprivation Of Property
- Section 25 Constitution
- Less Formal Township Establishment Act
- Deeds Registries Act
- Failure To Prove Contract