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South Africa decisions
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Seboni N.O and Another v ABSA Bank Limited and Others (Leave to Appeal) (18797/2021) [2025] ZAGPPHC 6 (17 January 2025)
Leave to appeal was dismissed because the seventh respondent failed to show reasonable prospects of success in a fraud-tainted property transfer dispute.
Robert Paul Serne NO and Others v Mzamomhle Educare and Others (588/2023) [2024] ZASCA 152 (12 November 2024)
The Supreme Court of Appeal upheld a Trust’s rei vindicatio and ordered eviction, finding the respondents’ opposition was largely inadmissible hearsay and no defence.
Nkwashu v Master of High Court of South Africa and Others (2022/19768) [2024] ZAGPJHC 519 (24 May 2024)
The court found that the third respondent's appointment as executor was procured by fraud, which vitiates all subsequent transactions, including the sale and transfer of the property. The fraud rendered the executor's appointment null and void, and as a result, the third respondent lacked authority to represent the estate or form the necessary intention to transfer the property. Applying the abstract theory of transfer, the court held that both a real agreement and registration are required for ownership to pass, but where fraud is present, ownership does not pass despite registration. The fo…
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George and Another v Dirk and Others (56949/21) [2023] ZAGPJHC 1255 (27 October 2023)
The High Court referred a property dispute to trial after finding factual issues on whether a sale and lease-back was a simulated loan arrangement.
Ruthven and Another v Botha and Others [2023] ZAGPPHC 446; 29145/2021 (9 June 2023)
The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The arguments advanced regarding the jurisdiction of the court and the irreversibility of property transfer were unpersuasive. The applicants had acquiesced in the jurisdiction of the High Court and did not raise lis pendens as a defence at the initial hearing. The indemnity for legal costs remained valid, and the Trust's contingent assets were still assets. The removal of the second applicant as trustee was justified due to his conduct against the interests of the Trust and its beneficiaries.…
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Marishane and Others v Marishane and Others [2023] ZAGPPHC 284; 25793/2021 (8 May 2023)
The court dismissed an application to set aside property transfers, finding the applicants failed to prove heirship or fraud and that the third respondent was a bona fide purchaser.
Nel and Another v Slabbert and Others (2021/26561) [2023] ZAGPJHC 312 (11 April 2023)
The High Court granted eviction after finding a sale of agricultural land invalid for lack of Ministerial consent, leaving occupiers without lawful rights.
Hellmann vs South African Civil Aviation Authority and Others (21/27401) [2023] ZAGPJHC 29 (18 January 2023)
The High Court held that Denise Hellmann, not Merchant West, owned the aircraft because Merchant West failed to prove transfer by constitutum possessorium.
Kok N.O and Others v B A Development Company (Pty) Limited and Others (38416/2020) [2022] ZAGPPHC 809 (18 October 2022)
The High Court granted an interim interdict preserving disputed land pending a main action, finding the applicants showed a prima facie right and risk of irreparable harm.
Amedee v Fidele and Others (20/9529) [2021] ZAGPJHC 837 (20 December 2021)
The court dismissed an application for re-transfer of property, holding that the respondent was a bona fide purchaser and that irregular affidavits were impermissible.
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