Standard Bank of South Africa Limited v Anix Trading 587 CC and Another (22690-2022) [2024] ZAGPJHC 546 (7 June 2024)
Court
South Gauteng High Court, Johannesburg
Case number
22690/2022
Judge
Senyatsi
The applicant proved ownership of the four assets and that the respondents remained in possession after cancellation of the agreements due to breach. The respondents failed to demonstrate that all amounts due under the agreements were paid or that ownership had passed. The jurisdictional requirements for rei vindicatio were met. The respondents' argument that granting relief would be unfair was unsupported by fact or law. The applicant was entitled to confirmation of cancellation and repossession of the assets. The interlocutory application for consolidation was dismissed as a delaying tactic.
Herman Steyn Erfgename CC and Another v Mdau N.O and Others (2687/23) [2023] ZAMPMHC 25 (31 July 2023)
Court
Middelburg High Court, Mpumalanga
Case number
2687/23
Judge
Z Gumede
The court found that although the sale agreements may have been cancelled, the applicants had granted the respondents permission to occupy the properties pending payment of occupational rent. The continued occupation by the respondents, in light of this permission and ongoing negotiations, does not amount to trespass. The applicants failed to demonstrate irreparable harm, as they retain ownership and possession of the purchase price, and have alternative remedies such as damages and eviction proceedings under clause 16.2. The requirements for an urgent interim interdict were not satisfied, an…
S.S v Y.S (4165/2022) [2023] ZAMPMBHC 28 (15 May 2023)
Court
Mbombela High Court, Mpumalanga
Case number
4165/2022
Judge
Mashile
The High Court confirmed cancellation of a post-divorce verbal agreement, ordering sale and transfer of the property and rejecting a PIE eviction argument.
Walsun Motordienste CC v Combrink N.O. and Others (A63/2022) [2023] ZAFSHC 129 (14 April 2023)
Court
Free State High Court, Bloemfontein
Case number
A63/2022
Judges
Reinders, Daniso, Van Rhyn
Appeal dismissed in a lease dispute over a fuel station retail licence, with the court upholding cancellation and ejectment for failure to obtain the required licence.
Standard Bank of South Africa Limited: Vehicle & Asset Finance Division v Jawiklane (Pty) Ltd (A137/2019) [2021] ZAGPPHC 843 (2 December 2021)
Court
North Gauteng High Court, Pretoria
Case number
A137/2019
Judges
R G Tolmay, A P Ledwaba, M P Motha
High Court appeal confirming cancellation of seven instalment sale agreements after breach notices were served and the respondent failed to cure default.
Nedbank Ltd (MFC Division) v Van Rensburg (2020/17846) [2021] ZAGPJHC 571 (19 October 2021)
Court
South Gauteng High Court, Johannesburg
Case number
2020/17846
Judge
EF Dippenaar
The court found that the plaintiff, Nedbank Ltd (MFC Division), was the correct party to institute proceedings as MFC is a division and not a separate legal entity. The deponent to the plaintiff's affidavit had the necessary authority and personal knowledge. The defendant admitted the existence and terms of the instalment sale agreement, and his attempt to recharacterise it as a loan was unfounded. The defendant failed to establish any bona fide defence or triable issue, as his contentions regarding a moratorium, calculation of arrears, and addition of legal costs were unsupported by evidence…
Rankethoa Construction v Setsoto Local Municipality (5881/2019) [2021] ZAFSHC 72 (8 March 2021)
Court
Free State High Court, Bloemfontein
Case number
5881/2019
Judges
Mathebula, Majosi
The High Court reviewed and set aside Setsoto Local Municipality’s resolution cancelling a property sale and retendering the site, holding the decision unlawful.