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South Africa decisions
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Tugh N.O and Others v Tlakula and Others (95954/2015) [2017] ZAGPPHC 1255 (10 May 2017)
The High Court ordered specific performance of a deed of sale for immovable property, found no abandonment by the buyers, and granted punitive costs against the sellers.
Hayes Matkovich Development (Pty) Ltd v Lekwa Local Municipality (34401/2012) [2015] ZAGPPHC 758 (16 September 2015)
The court found that the agreement of sale and the subsequent tender process for the development of the estate complied with the constitutional and statutory requirements for the disposal of municipal assets. The tender process was open, transparent, competitive, and fair, with all bidders informed of the obligation to compensate the plaintiff for prior losses. The defendant's arguments regarding unfairness and lack of compliance with section 217 of the Constitution and the MFMA were rejected, as the process followed all prescribed procedures and provided substantial benefit to the municipali…
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Khabola NO v Ralitabo NO (5512/2010) [2011] ZAFSHC 62 (24 March 2011)
The court found that the parties intended to form a partnership, simulated as a trust, given the nature of their contributions and the absence of beneficiaries in the trust instrument. The applicant, as founder and manager, and the co-trustees, as contributors, all had a direct and substantial interest in the trust property. Under common law and section 34 of the Constitution, both the applicant and co-trustees have locus standi to bring applications against each other regarding the trust property. The court therefore held that both the application and counter-application were properly before…
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Lombaard v Droprop CC and Others (5895/08) [2009] ZAKZPHC 52 (18 June 2009)
The High Court granted leave to appeal over two land-law questions: whether a property description was sufficiently certain under the Alienation of Land Act, and whether a close corporation agent needed written authority.
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