South Africa Case Law

Gauteng Provincial Government: Department of Human Settlements and Others v Pogatsi and Others (2020/19559)

Gauteng Provincial Government: Department of Human Settlements and Others v Pogatsi and Others (2020/19559) [2022] ZAGPJHC 762 (7 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/19559

Judge

Manoim

The court found that the Family House Rights Agreement did not confer any rights of ownership or possession to the applicants or their descendants. The agreement only provided for certain temporary rights of tenancy, which were not exercised. The transfer of the property to the first respondent in 2006 was not shown to be erroneous, and there was no evidential basis to go behind the existing terms of the deed. The applicants failed to establish any legal grounds for rectification of the title deed or for the relief sought. The application was accordingly dismissed.

Source excerpt

• Rectification Of Title Deed
• Conversion Act
• Family Rights Agreement
• Ownership Transfer
• Urban Land Permits

Ntshalintshali and Others v Sekano and Others (2014/31317)

Ntshalintshali and Others v Sekano and Others (2014/31317) [2015] ZAGPJHC 123 (12 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/31317

Judge

R Hertenberger

The court cancelled a title deed and leasehold certificate over Erf 768, Orlando East, and ordered a section 2 inquiry to determine the rightful claimant.

• Conversion Of Rights To Ownership
• Title Deed Cancellation
• Family Rights Agreement
• Administrative Error
• Section 2 Inquiry
• Custodianship Of Property