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South Africa Case Law

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Last checked: 12 Oct 2026, 03:01 UTC

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24 Mar 2016

Land And Property [2016] ZAGPJHC 180

Absa Bank Limited v Amien and Others (24878/2012)

Absa Bank Limited v Amien and Others (24878/2012) [2016] ZAGPJHC 180 (24 March 2016)

Court: South Gauteng High Court, Johannesburg
Case number: 24878/2012
Judge: Modiba

The court dismissed Absa’s bid to declare a notarial tie agreement ineffective, holding that statutory cancellation procedures had to be followed.

Notarial Tie Agreement
Title Conditions
Abolition Of Certain Title Conditions Act
Agricultural Holdings
Town Planning Scheme
Notarial-tie-agreement

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24 Feb 2009

Land And Property [2009] ZAKZHC 10

Trustees for the Time Being of the the Norwegian Settlers Church v Minister of Public Works (8049/06)

Trustees for the Time Being of the the Norwegian Settlers Church v Minister of Public Works (8049/06) [2009] ZAKZHC 10 (24 February 2009)

Court: High Courts - Kwazulu Natal
Case number: 8049/06
Judge: Wallis

The court held that the abolition of title conditions removed the restraint on alienation, but not the use restrictions. The R750,000 payment was therefore lawful.

Title Conditions
State Land Disposal Act
Abolition Of Certain Title Conditions Act
Judicial Review
Condictio Indebiti
Title-conditions

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Absa Bank Limited v Amien and Others (24878/2012)

Trustees for the Time Being of the the Norwegian Settlers Church v Minister of Public Works (8049/06)