eviction application - wrongful transfer of property - City of Johannesburg - South Gauteng High Court

SERI represents the children of the late Mrs Samuels, who passed away in 2009. The matter concerns an eviction application arising from dispute concerning ownership of one portion of semi-detached houses in Riverlea, Johannesburg. Mrs Samuels previously leased the property from the then City Council of Johannesburg. In 2005, she concluded a written agreement of sale in respect of the property with the City of Johannesburg, in terms of which the City was obligated to transfer the property into her name. When Mrs Samuels passed away in 2009, her children approached the Master of the High Court to report the estate of their deceased mother. They were unable to locate a copy of the title deed and went to the City’s office to request a copy, where they were informed that there had been a mistake and their mother's property had been registered in their neighbour's name. The City undertook to rectify the mistake in the registration of the property, however, Ms Taaibos, the owner, refused to cooperate and demanded that the Samuels pay rent to her or purchase the property from her.

In March 2011, she instituted eviction proceedings against our clients in the South Gauteng High Court. SERI served a notice of intention to oppose the eviction application on 9 April 2011. Further, SERI addressed letters to Ms Taaibos’ attorneys advising them that she is not the owner of the property, that the property forms part of the deceased estate of the late Mrs Samuel, of which our clients are heirs, that the registration of the property under Ms Taaibos was a mistake that the City was committed to rectify, and urging her to withdraw the eviction application.

On 23 June 2011, our clients' answering affidavit, together with the counter-application, were served, wherein we seek an order directing the City to pass transfer of the property to our clients, alternatively to the deceased estate of the late Mrs Samuels, within seven (7) days of the court order being granted.

  • Answering affidavit here.