The Pietermaritzburg High Court has dismissed the application by two individuals who tried to gain ownership of a property they ‘abandoned’ more than 30 years ago to Mkhunjulwa Obed Langa, who has maintained it and consistently paid municipal bills throughout the years. 

Anthony Zwelebanzi Mncadi and Susan Mncadi went to the High Court to appeal Acting Judge Khuzwayo’s order of declaring Langa as the owner of the property under the Prescription Act. 

Langa filed an application in terms of the Prescription Act no. 68 of 1969 to be declared the registered owner of the said property after the Mncadi’s tried to evict him from the property on February 19, 2019. This is as Langa resided in the property since 1981, made various alterations, and paid all the municipal accounts which were in his name. 

From 1981 until 2018, the Mncadi’s had showed no interest in the property until September 2018, when they brought an eviction application, which was granted in February 2019 by the Ngwelezane Magistrate Court. 

As the eviction order was granted, there was no appearance on behalf of Langa. In his request to have the eviction canceled, Langa stated that he had occupied the property without interruption for more than 30 years. However, Anthony stated that the property was allocated to him in 1969, and he lived there until 1977. 

“The property was leased to Xulu (a different tenant) during 1977, and the deed of grant dated March 5, 1981, was then granted to them (Mncadi’s),” they stated to the Magistrate court. 

However, this was canceled by the Registrar of Deeds, Ulundi, on March 5, 1984, and on March 8, 2019, ownership was changed. 

On 8 March 2019, the surname on the Deed of Grant in respect of the ownership unit for residential purposes was amended in terms of section 41(b) of Act 47 of 1973 by the letter “G” in the surname Mngadi being changed to the letter “C” as is spelt now by the Mncadi’s.

In November 2019, the Magistrate canceled the eviction order. After that, Langa went to the high court to seek ownership, stating that he was still residing in the property and had been for the past 37 years until the dispute in 2018. 

The Mncadi’s maintained that Langa has no right to claim the property as his own. They denied signing any papers for the sale of the property. The Mncadi’s argued that Langa did not intend to possess the property.

Additionally, they acknowledged that changes have been made to the property. The court found that the transfer of property never took place. Acting Judge Khuzwayo granted Langa the ownership.

“To succeed with an application for acquisitive prescription, an applicant must allege and prove: Civil possession, possession with the intention to possess and control as owner. This Respondent (Langa) did so by occupying it openly and by making alterations to the property,” the Pietermaritzburg High Court said. 

Judge Pieter Bezuidenhout said that, in his view, Langa had proved the requirements for acquisitive prescription. He said Acting Judge Khuzwayo dealt with all factors in detail. 

“There was no misdirection or error in the said judgement,” Judge Bezuidenhout said. He said Langa was accordingly entitled to the relief which was granted by the court a quo.  

 nomonde.zondi@inl.co.za

Source link