1
SWAZILAND
HIGH COURT
ENOCK
LWANE MASEKO
Plaintiff
Vs
TFOLWAPHI
JANE MKHWANAZI
Defendant
Civ.
Trial No. 2922/1999
Coram
Sapire, CJ
For
Plaintiff Mr. Jele
For
Defendant Mr. Shilubane
JUDGMENT
The
Applicant is the registered owner of Lot No 374 situate in Ngwane
Park Township, district of Manzini Swaziland. He holds the property
in terms of a. deed of transfer, duly registered in terms of which
the Estate of the Late Ndodelana Solomon Mkhatshwa represented by the
executrix dative Sarah Makatshwa passed ownership to him and
confirmed that the property was sold for E120 000.
In
this application, the applicant seeks the eviction of the first
respondent who is in occupation thereof, from the property.
2
The
Respondent resists this claim, on the basis that the deed of sale in
terms of which the applicant purchased the property is fatally
defective in a number of respects. She has also counterclaimed for
the setting aside of the transfer which would have the effect of
restoring ownership in the property to the Estate.
The
Respondent's resistance and counterclaim are ill founded.
She
was not a party to the sale of the property and has no interest as a
complete outsider to seek the setting aside of the transfer. Whatever
defects there may have been in the original transaction the Executrix
Dative after being duly appointed as such clearly adopted the sale,
transferred the property and accepted the purchase price on behalf of
the Estate. This cannot now be reversed at the behest of a party
having no interest or part in the transaction. She, the Respondent
personally had no rights, which were affected. She has no right of
occupation irrespective of who the owner is. In short she has no
locus standi.
The
Estate has already been wound up and a liquidation and distribution
account has received the approval of the Master of the High Court. It
has lain for inspection without objection.
The
respondent has shown no entitlement to occupy the property adversely
to the owner in terms of the duly registered title deed.
For
these reasons the Applicant is entitled to the relief claimed.
There
will be an order for the ejectment of the Respondent and all persons
holding through or under her from the property herinbefore described.
The counter-appliction is dismissed the Respondent is to pay the
costs of all parties to the proceedings.
SAPIRE,
CJ
