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South Africa Case Law

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Land And Property [2020] ZAGPJHC 374

Mkoko v Sibeko and Another (8398/2020)

Mkoko v Sibeko and Another (8398/2020) [2020] ZAGPJHC 374 (7 December 2020)

Court
South Gauteng High Court, Johannesburg
Case number
8398/2020
Judge
Adams

The court found that the main dispute between the parties was factual, centering on whether the transfer of the property to the first respondent was pursuant to an agreement reflecting their mother's wishes. Applying the Plascon-Evans rule, the court held that the first respondent's version could not be rejected on the papers, as it was not so far-fetched or untenable. The issuance of certificates of occupancy to both sisters within days of each other supported the respondent's account of a family arrangement. The applicant's long delay in challenging the transfer further undermined her claim…

Source excerpt

  • Deeds Registries Act
  • Cancellation Of Deed
  • Factual Dispute On Motion
  • Plascon Evans Rule
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Land And Property [2016] ZAGPJHC 83

Malisekele v Cheela and Others (2015/35630)

Malisekele v Cheela and Others (2015/35630) [2016] ZAGPJHC 83 (4 May 2016)

Court
South Gauteng High Court, Johannesburg
Case number
2015/35630
Judge
L Adams

The application is dismissed because there are material factual disputes incapable of resolution on the papers, particularly regarding the authenticity of the executor appointment and the Will, as well as the familial relationship between the parties. The applicant should have foreseen these disputes and not proceeded by way of motion proceedings. Furthermore, the property has since been transferred to a third party, who was not joined to the proceedings, rendering the relief sought unenforceable. No order as to costs is made due to the exceptional circumstances and the public function of the…

Source excerpt

  • Deeds Registries Act
  • Cancellation Of Deed
  • Factual Dispute In Motion Proceedings
  • Executor Appointment
  • Will Authenticity
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.