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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1346
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I bought a house from some one and I staid into the house

Customer Question

I bought a house from some one and I staid into the house for more that ten years, was evicted because the lady I bought the house from has sold it behind my back. The matter went to court and was acquainted because the magistrate said the court docket was wrote incorrectly. Now the matter was referred to DDG for appeal but it nothing happened. instead I was told the matter has laps because the complain has expired while the file was in their office due to the negligence.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: south africa
JA: Has anything been filed or reported?
Customer: yes ,CASE 193/3/2009I Jeanet Refilwe Mhlolo Id no 6503180351089, residing at 139 Papatso View, Carouse, cell no(###) ###-####I hereby write this complain as I feel that the above case was not fairly treated. And I also need clarity in this matter.The reasons for my complains are:1. As per Deed of Grant the house was transferred to my name. The North West Housing Cooperation workers did not do their duties to transfer the house in time. I feel it is not my fault. I have also given the court the statement with my name and surname from North West Housing Cooperation that I thought everything was correct by then.2. On the” Declaration by Transfer of Ownership Unit”, I was granted the house on the 19the September 1997 per grant 58949/97. I was staying in that house since that time and in January 2014 I was evicted from the house which I felt the court did not protect me even thou I informed them.3. The same case was also opened in Garankuwa police station. It was closed because the investigation officer said I was nowhere to be found. Funny the cell phone number I am using I have more that 15(fifteen) years using this number, I have never change the cell number. After the case was closed I proceeded to the Hawks, they (Hawks) managed to assist me to get all the documents needed to this case namely:
3.1. Deed of Grants,
3.2. Witnesses who were present when we signed the transfer,
3.3. The foreign sic specimen which assisted to proof that Tiny Ruth Mabusela was the one who sign the document.4. My concern is that Tiny Ruth Mabusela use to stay in Zone 5 Garankuwa was a teacher at Garankuwa and she is familiar to people in Garankuwa, that I feel the matter should be referred to another court. My reason for this matter is the manner the case was handled in Garankuwa Police station and Garankuwa court.5. The final ruling by the magistrate saying I quote :5.1. I quite I agree that Tiny Ruth Mabusela has sold the house to Jeanet Refilwe Mhlolo, but technicality the charge sheet was not correct.
5.2. According to the evidence that was presented in this court by the witnesses , and also handed in the transfer documents which was signed at Garankuwa Town Council during their present by both Jeanet Refilwe Mhlolo and Tiny Ruth Mabusela in their(witnesses) presence.
5.3. According to the witnesses who presented in court, and Jeanet Refilwe Mhlolo the complained, that proof with no reasonable doughty that the accuse Tiny Ruth Mabusela has sold the house no 777 Zone 7, Garankuwa to Jeanet Refilwe Mhlolo and sold it again to Fundi Maluleka (Tsogo Properties) even though she knew that she has sold the house to Jeanet Refilwe Mhlolo.
5.4. After she realizing that the North West Housing Cooperation has delayed to do the transfer to Jeanet Refilwe Mhlolo, whiles the entire document has been signed and send to North West Housing Cooperation she sold the house to Fundi Maluleka (Tsogo Properties).
5.5. I cote: Conviction, when witness Fundi Maluleka was in the witness box saying he was never frauds by Tiny Ruth Mabusela. By then the State was supposed to change the charge sheet with immediate effect from Fundi Maluleka to make Jeanet Refilwe Mhlolo the complained.
5.6. Base on that fact technicality I find Tiny Ruth Mabusela not guilty and discharged, but this court does not have the reasonable doughty that the accused has sold the house to Jeanet Refilwe Mhlolo and the complained has the right to appeal this case, that the reason I lodge my complain to your office.I did not understand the statement because according to my understanding, I Jeanet Refilwe Mhlolo was the complained. I am also the one who opened the case against Tiny Ruth Mabusela. So how come the charge sheet be someone else not me the complained.In conclusion I will appreciate if this court can be able to assist me to receive my house back.
JA: Anything else you want the lawyer to know before I connect you?
Customer: is it possible to lodge claim of damages against the previous attorneys who did not assist me thanks
Submitted: 8 days ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 8 days ago.

Good morning,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Please help me to understand a bit better.

Did you buy the house form Tiny Ruth Mabusela in 1997 or was the house granted to you by the Municipality?

Was the house registered in your name?

If so, why did you buy it from Tiny?

How did it happen that you were evicted from a property registered in your own name?

Did you make a charge/complaint against Tiny Mabusela for selling your house to Fundi Maluleka?

Regards

Customer: replied 8 days ago.
I bought the house from Tiny Mabusela
Was the house registered in your name? After I paid Tiny yes the housing corporation did register the house into my name , but did not register it at Dead office.
If so, why did you buy it from Tiny? We agreed and signed the transfer , declaration form and offer to purchase at Municipal office.
How did it happen that you were evicted from a property registered in your own name? during 1997 I applied for a home loan with Standard bank and the conveyers could not register the house because it was still under Tiny's name , so Tiny did not want to sign transfer form she went and sold the house to Fundi Maluleka, so Fundi Maluleka's attorney are the one who evicted me out of the house.Did you make a charge/complaint against Tiny Mabusela for selling your house to Fundi Maluleka? yes the matter was at Grankuwa court from 2008 and she was acquainted because the wrote the charge sheet that the complained was Fundi Maluleka not me.
Expert:  Freddie Lombard replied 8 days ago.

I am sorry, but this story does not make much sense to me. Did you not oppose the application for your eviction?

Regards

Customer: replied 7 days ago.
Please cancel the conversation because i managed to get attorneys whom i meet yesterday and have already prepaid the documents to court. Thanks for talking to you