BCC 440/2006

This case involved a request to remove some individuals from the list of genuine heirs to a property. Although there had been a previous decision on this property it had been against the department of property registration and not these potential heirs so it did not stop the case being considered.

Background

Some claimants filed a case against defendants before the court claiming they had previously filed a case against the first defendant (the department of property registration) to validate their ownership of a property they inherited from their father and the court issued a ruling on this at the time. The claimants said that they then knew that the second and third defendants were irrelevant parties in the case and should not be among the heirs. The claimants requested the dismissal of the defendants' ownership of the property and the first defendant register the property under the names of the relevant heirs.

The court said that it had no mandate to consider the case and referred it to the civil grand court. The grand court dismissed the case.

The claimants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision