Cape Town — Count Natale Labia has won his Cape High Court battle with the South African government after it agreed to return his father's Venetian-style Cape Town southern suburb mansion to him.

This comes after a settlement between the parties on Tuesday, which was made an order of court by Judge Dennis van Reenen.

The mansion was donated to the government in 1985, together with its 18th and 19th century furnishings and art masterpieces and it was supposed to be used as a museum.

But in 2004, the government sold the house to Gail Cockram, who lived next door, for R50 000 without Labia's consent.

She, in turn, resold it.

The museum was closed in 2005. It was then used for commercial film shoots and was damaged during that time.

Labia said that the sale of the property was in breach of the deed of donation and he applied to court to have the donations revoked.

He said the government was obliged either to return his property or to compensate him.

In addition, he wanted compensation for a woodland scene painting by James Stark.

Iziko has admitted it lost the painting.

But it is disputing Labia's R450 000 valuation.

The government claimed that it was under no obligation to inform Labia of the sale.

In terms of the settlement, Labia was entitled to take possession of the property and the government undertook to pay to have it transferred to Labia's name by May 2009.

Labia's attorney, Derek Wille of Cliffe Dekker Hofmeyr, said Iziko had accepted responsibility for the painting.

However, an amount had not been agreed on.