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South Africa decisions
Decisions matching the current search
Mfuniselwa v Mfuniselwa and Others (2818/2022) [2022] ZAECQBHC 47 (13 December 2022)
An urgent mandament van spolie succeeded after the court found the applicant was unlawfully dispossessed of the property by family members and PIE did not apply.
Ruigtevlei Farm Labour Tenant Association v Harbich and Others (12045/19) [2020] ZAWCHC 182 (18 December 2020)
The applicant failed to discharge the onus of proving abandonment of the farm by Mr. Harbich. The uncontested evidence established that Mr. Harbich maintained ownership rights, leased the property continuously, and attempted to return to South Africa but was prevented by immigration authorities. The presence of a lessee and ongoing rental payments are inconsistent with abandonment. The relief sought for expropriation and transfer was not competent, as only the Minister of Public Works may expropriate land under statute, and the Department of Rural Development and Land Reform lacks such power.…
Source excerpt
Papas N.O. v Motsere Trading CC and Others (46011/2012) [2014] ZAGPJHC 144 (6 June 2014)
The court held that an “abandonment agreement” with the City did not end ownership. The deceased estate remained owner, and fraudulent transfers were set aside.
Anthonissen en Anders v Minister van Minerale Hulp-Bronne en Anders (1759/2010) [2012] ZANCHC 56 (12 October 2012)
The court referred a disputed ownership issue to oral evidence, finding that conflicting affidavits could not resolve whether AMMOSOL abandoned residual manganese ore.
S v Masha (3214/07) [2010] ZAGPPHC 298 (5 January 2010)
Automatic review of a theft conviction was set aside because, although the accused was unlawfully on the premises, reasonable doubt remained about intent to steal.
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