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South Africa Case Law

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Civil Procedure [2019] ZACC 21

Muhanelwa v Gcingca (CCT 117/18)

Muhanelwa v Gcingca (CCT 117/18) [2019] ZACC 21 (17 May 2019)

Leave to appeal was dismissed in a private building and possession dispute. The Court held no constitutional issue or public-importance point arose.

  • Spoliation
  • Builder's Lien
  • Possession
  • Prevention Of Illegal Eviction Act
  • Section 26 Constitution
  • Builder-s-lien
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Civil Procedure [2013] ZAGPJHC 172

Kirsten Curtis Trust IT 318/91 and Others v Berkley Development (Pty) Ltd and Another (2013/ 14605)

Kirsten Curtis Trust IT 318/91 and Others v Berkley Development (Pty) Ltd and Another (2013/ 14605) [2013] ZAGPJHC 172 (12 June 2013)

High Court held that the building agreement was validly cancelled for persistent non-compliance and poor workmanship, and ordered the builder to vacate and pay costs.

  • Building Contract Dispute
  • Cancellation Of Contract
  • Builder's Lien
  • Occupational Certificate
  • Nhbrc Enrolment
  • Expert Evidence
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Land And Property [2006] ZAWCHC 78

Wightman t/a JW Construction v Headfour (Pty) Ltd and Another (A28/2006)

Wightman t/a JW Construction v Headfour (Pty) Ltd and Another (A28/2006) [2006] ZAWCHC 78; 2007 (2) SA 128 (C) (7 September 2006)

The court held that the builder did not voluntarily lose possession of the site and was entitled to spoliatory relief after being deprived by undue means.

  • Builder's Lien
  • Mandament Of Spolie
  • Possession
  • Undue Means
  • Summary Relief
  • Builders-lien
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.