The appeal regarding the ownership of an exclusive use parking bay at Willem Court complex, located near Durban's Victoria Embankment, has been dismissed.
The case came before the KwaZulu-Natal High Court in Pietermaritzburg following an appeal by Yusuf Mohammed Essack, who sought to declare parking bay 20 as his own after a protracted legal battle over property rights stemming from transactions dating back to the 1990s.
At the heart of the dispute was a series of ownership transfers involving Cornelius van Rooyen Botha, the original owner, and subsequent sales of the parking bay linked to various units in Willem Court.
The appeal focused on an argument that a clerical error in the conveyancing process had led to the right of exclusive use of parking bay 20 not being registered in Essack's name when he acquired unit 78 from a Mr Westbrook. However, the court found that Essack had failed to demonstrate that an error occurred that justified altering the established deed transfers.
The court noted the critical importance of formal property transfers and acknowledged that Mr Westbrook, who sold the parking bay to Essack, had never possessed legal title to it. The complexities of the Sectional Titles Act 95 of 1986 were discussed at length, particularly regarding the regulations surrounding the transfer of exclusive use rights within sectional title schemes. The court concluded that, according to the Act, rights could only be formally transferred by a notarial deed or established through rules set by the body corporate, both of which had not occurred in this instance.
Further complicating the matter, the respondent, Vino Adams Thangavelu, held rights to parking bay 20 established through the lawful processes set forth in property law and thus was protected as a bona fide purchaser. The ruling highlighted that even if there were perceived errors in prior transactions, these did not negate the respondent's legitimate claim to the parking bay.
