LOSBY EVICTED FROM HOUSE BY A STRANGER

THE FACTS

Losby Mkhabela from Molapo, Soweto, bought a house from a person who claimed to be the owner of the house.

The transfer was done by attorneys and Losby has the title deed. He has been living in the house, but recently a woman arrived and gave him a letter of authority claiming the house belonged to her.

He spoke to the daughter of the previous owner, who said they do not know this woman. The woman told him he had to vacate the property. She apparently took the matter to court, but he was not asked to appear.

He only found out about the court issue when he was evicted from the house.

WHAT I DID

I contacted Scorpion Legal Protection to find out what could be done to help Losby.

SOLUTION

Losby must go to the court where the case was heard and speak to the clerk or registrar of the court to find out why the house was awarded to this person.

He must check the file, and if he wasn’t served with papers he can apply for rescission of the judgment. If the case was heard in his absence he should, by law, have the right to tell his side of the story.

The documents will indicate how the court arrived at their decision and then Losby can be given legal advice.