South Africa Case Law

Matshwene N.O and Another v ABSA Bank Limited and Others (18797/2021)

Matshwene N.O and Another v ABSA Bank Limited and Others (18797/2021) [2024] ZAGPPHC 864 (27 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

18797/2021

Judge

Gwala AJ

The court set aside documents used in a fraudulent reverse mortgage scheme, held that ownership never passed from the Babirwa Trust, and ordered re-registration of the property.

• Fraudulent Transfer Of Property
• Vindicatory Relief
• Abstract Theory Of Ownership
• Deeds Registration
• Trust Property
• Setting Aside Fraudulent Documents

Absa Bank Limited v Mare and Others (A56/2019)

Absa Bank Limited v Mare and Others (A56/2019) [2020] ZAGPPHC 372; 2021 (2) SA 151 (GP) (20 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A56/2019

Judges

P.A. Meyer, MIA, Moosa

The court held that affixing summons ‘on the grass’ at a chosen domicilium was not proper service, rendering the default judgment void and the execution sale invalid.

• Service Of Process
• Rescission Of Judgment
• Sale In Execution
• Transfer Of Ownership
• Abstract Theory Of Ownership
• Service-of-process

Bhyas Investments (Pty) Ltd v I E Bhayat Property Holding Company (Pty) Ltd and Others (2398/2016)

Bhyas Investments (Pty) Ltd v I E Bhayat Property Holding Company (Pty) Ltd and Others (2398/2016) [2018] ZALMPPHC 3 (7 February 2018)

Court

Limpopo High Court, Polokwane

Case number

2398/2016

Judge

M.G Phatudi

The court found that the Power of Attorney used to effect transfer of the property was not signed by the applicant and was fraudulent. As a result, there was no real agreement or intention to pass ownership, and the requirements of the abstract theory were not satisfied. The transfer and registration of the property into the First Respondent's name were therefore null and void. Furthermore, the applicant's claim was vindicatory in nature, based on ownership, and not a debt subject to prescription under the Prescription Act. The application for re-registration and re-transfer of the property i…

Source excerpt

• Transfer Of Immovable Property
• Power Of Attorney
• Fraudulent Transfer
• Abstract Theory Of Ownership
• Prescription Act
• Res Vindicatio

Otto v Scholtz and Others (3259/2015)

Otto v Scholtz and Others (3259/2015) [2016] ZAGPPHC 140 (23 February 2016)

Court

North Gauteng High Court, Pretoria

Case number

3259/2015

Judge

AC Basson

The court finds that the abstract theory of ownership, which requires delivery and a valid real agreement but not a formally valid underlying contract, should apply to the transfer of shares in South African law. However, there is a material dispute of fact on the papers regarding the intention of the parties and the terms of the real agreement. The applicant maintains that no agreement was concluded and no payment made, while the respondents assert that an oral or tacit agreement existed and that ownership was intended to pass. Given the conflicting versions and the inability to resolve the…

Source excerpt

• Transfer Of Shares
• Abstract Theory Of Ownership
• Real Agreement
• Dispute Of Fact
• Company Share Register

Abdul and Another v Jacobs and Others (A542/12)

Abdul and Another v Jacobs and Others (A542/12) [2014] ZAGPPHC 190 (19 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

A542/12

Judges

Moseamo, Fabricius, Kganyago

The High Court dismissed an appeal seeking cancellation of a title deed and a new hearing over ownership of Erf 486 Geluksdal Township.

• Transfer Of Ownership
• Title Deed Cancellation
• Joinder Of Parties
• Municipal Property Transfer
• Abstract Theory Of Ownership
• Transfer-of-ownership