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South Africa Case Law

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Land And Property [2019] ZAGPJHC 91

Chevron South Africa (Proprietary) Limited v Ebisu Dealers CC and Others (8523/2017)

Chevron South Africa (Proprietary) Limited v Ebisu Dealers CC and Others (8523/2017) [2019] ZAGPJHC 91 (14 March 2019)

The High Court held respondents in contempt for breaching an interdict over a servitude and granted final interdictory relief enforcing the restrictive title condition.

  • Restrictive Conditions Of Title
  • Personal Servitude
  • Contempt Of Court
  • Interdict
  • Abandonment Of Rights
  • Contempt-of-court
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Land And Property [2015] ZASCA 19

Van den Heever v Minister of Minerals and Energy and Others (150/2014)

Van den Heever v Minister of Minerals and Energy and Others (150/2014) [2015] ZASCA 19 (19 March 2015)

The court held that a 2001 letter did not abandon a mining right. Read in context, it was a request to amend a lease for agricultural use, so the appeal failed.

  • Mining Rights
  • Abandonment Of Rights
  • Review Of Administrative Action
  • Conversion Of Mining Rights
  • Mining-rights
  • Abandonment-of-rights
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Civil Procedure [2009] ZAKZDHC 34

McGenis v Road Accident Fund (4486/2005)

McGenis v Road Accident Fund (4486/2005) [2009] ZAKZDHC 34 (14 September 2009)

The court upheld a special plea that the plaintiff had waived his claim against the Road Accident Fund and dismissed the action with costs.

  • Waiver Of Claim
  • Road Accident Fund Act
  • Vicarious Liability
  • Abandonment Of Rights
  • Waiver-of-claim
  • Road-accident-fund-act
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Land And Property [2009] ZAGPPHC 30

Kidson and Another v Jimspeed Enterprises CC and Others (38574/08)

Kidson and Another v Jimspeed Enterprises CC and Others (38574/08) [2009] ZAGPPHC 30 (20 April 2009)

The court held that a registered habitatio did not lapse when the dwelling was destroyed, and the holders could rebuild or use alternative accommodation.

  • Personal Servitude
  • Habitatio
  • Abandonment Of Rights
  • Real Rights
  • Registration Of Servitude
  • Personal-servitudes
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Land And Property [2007] ZAWCHC 9

Joles Eiendom (Pty) Limited v Kruger and Another (A332/06)

Joles Eiendom (Pty) Limited v Kruger and Another (A332/06) [2007] ZAWCHC 9; 2007 (5) SA 222 (C) (1 March 2007)

The court held that the servitude over a passage was not extinguished, but the respondent acquired the unburdened extended passage by prescription.

  • Servitude Extinction
  • Acquisitive Prescription
  • Praedial Servitude
  • Onus Of Proof
  • Abandonment Of Rights
  • Servitude-extinction
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.