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South Africa decisions
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Mncadi and Another v Langa (AR195/2024) [2025] ZAKZPHC 71 (1 August 2025)
Appeal dismissed; the respondent’s open, uninterrupted occupation for over 30 years proved acquisitive prescription and ownership of the property.
Hassody Katha v Primathie Pillay N.O. and Others (276/2024) [2025] ZASCA 106 (18 July 2025)
The Supreme Court of Appeal held that the phrase 'superior force' in section 3(1)(a) of the Prescription Act 68 of 1969 must be interpreted contextually and purposively, in line with constitutional principles protecting property rights. Death is an unforeseeable and uncontrollable event that objectively prevents the registered owner from acting to interrupt prescription. Therefore, death constitutes a 'superior force' under the Act, suspending the running of acquisitive prescription. The legislative purpose is to prevent arbitrary deprivation of property rights and to ensure an equitable bala…
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Body Corporate of Mooiverwacht Scheme No SS61/1988 v Swart (2025/050045) [2025] ZAWCHC 276 (2 July 2025)
The High Court revived a lapsed rule nisi in a boundary dispute, extending interim relief pending a new return date and making no costs order.
Badenhorst N.O and Others v Adowa Infrastructure Managers (RF) (Pty) Ltd and Others (16888/2024) [2025] ZAWCHC 273 (30 June 2025)
The High Court held that the Tamric Trust acquired a 20m² encroachment area by acquisitive prescription after open, exclusive possession for over 30 years.
Takis v Taylor and Others (20399/2023) [2025] ZAWCHC 137 (25 March 2025)
The High Court rejected a prescription claim over a cottage straddling two erven, finding permissive use and no animus domini, and ordered removal of the respondents’ belongings.
Mofamadi and Another v Mokhuane and Others (032666-2023) [2025] ZAGPPHC 252 (12 March 2025)
High Court eviction application under PIE dismissed because no municipal report on alternative accommodation was before court, though occupiers were declared unlawful.
Estate Late Phalane and Others v Master of the High Court Polokwane and Others (1971/2018) [2024] ZALMPPHC 190 (25 November 2024)
The High Court declared that the property belonged to the late Andronica Phalane’s estate, finding acquisitive prescription and rejecting the defendants’ claim.
Du Bois N.O and Others v Ski Club of South Africa (20909/2022) [2024] ZAWCHC 128 (9 May 2024)
The High Court upheld exceptions to a counterclaim for a perpetual personal servitude, finding it legally unsustainable and vague for failing to plead the inception date.
Minister of Defence v Khosis Community and Others (2248/2019) [2024] ZANCHC 34 (5 April 2024)
The court found that the applicant is entitled to an eviction order against the first and second respondents. The 1993 eviction application is regarded as abandoned and does not bar the present proceedings. The respondents did not acquire the land by acquisitive prescription, as their occupation began in 1978 and does not meet the statutory period. The applicant established ownership and termination of consent, satisfying the requirements under PIE. ESTA does not apply because any consent was terminated by the 1993 application. The procedural objections raised by the respondents, including se…
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TTJ Properties CC v Elmoflex (Pty) Ltd (023727/2024) [2024] ZAGPJHC 365 (22 March 2024)
Urgent spoliation and interim interdict relief granted after a boundary wall was demolished and relocated, dispossessing the applicant of land it occupied.
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