South Africa Case Law

Masweneng v Rakololo and Others (70173/2013)

Masweneng v Rakololo and Others (70173/2013) [2019] ZAGPPHC 458 (15 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

70173/2013

Judge

Strydom

The court found that although Ms Masweneng holds a title deed, her acquisition of ownership is questionable as she occupied the property without permission from either the municipality or the permit holder, Ms Mokonyama. The evidence showed that Ms Rakololo obtained permission to occupy the property from Ms Mokonyama before the transfer to Ms Masweneng. Therefore, Ms Rakololo was not an unlawful occupier at the time of taking occupation. The court held that the applicant failed to prove on a balance of probabilities her right to evict the respondent, especially considering the respondent's lo…

Source excerpt

• Prevention Of Illegal Eviction Act
• Conversion Of Land Tenure Rights
• Title Deed Validity
• Just And Equitable Eviction
• Constitutional Right To Housing

Moeko v Moeko and Others (271/2017)

Moeko v Moeko and Others (271/2017) [2017] ZAFSHC 140 (11 June 2017)

Court

Free State High Court, Bloemfontein

Case number

271/2017

Judge

NM MBHELE

Opposed motion about estate administration and disputed title deeds was referred to oral evidence because material factual disputes could not be resolved on affidavit.

• Letters Of Authority
• Estate Administration
• Title Deed Validity
• Dispute Of Fact
• Surviving Spouse
• Motion Proceedings