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South Africa Case Law

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Land And Property [2023] ZAGPJHC 210

Richard Pollack (N.O) and Others v Peacock Inn (Pty) Ltd (15173/2022)

Richard Pollack (N.O) and Others v Peacock Inn (Pty) Ltd (15173/2022) [2023] ZAGPJHC 210 (9 February 2023)

The High Court confirmed cancellation of a commercial property sale after the purchaser failed to pay required amounts, and ordered eviction and costs.

  • Cancellation Of Sale Agreement
  • Eviction
  • Lex Commissoria
  • Occupational Rental
  • Breach Of Contract
  • Cancellation-of-sale-agreement
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Land And Property [2019] ZANCHC 49

Onah v Ogu (18286/2018)

Onah v Ogu (18286/2018) [2019] ZANCHC 49 (27 May 2019)

The High Court dismissed an application for a final interdict over a Kimberley property, finding the applicant failed to fully plead the central sale-agreement dispute.

  • Final Interdict
  • Cancellation Of Sale Agreement
  • Occupational Rent
  • Unlawful Occupation
  • Management Of Property
  • Final-interdict
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Land And Property [2012] ZAKZDHC 76

Dazzletide Trading (Pty) Ltd v Yusuf Ismail Attorneys Incorporated and Others (1413/2012)

Dazzletide Trading (Pty) Ltd v Yusuf Ismail Attorneys Incorporated and Others (1413/2012) [2012] ZAKZDHC 76 (2 November 2012)

High Court case on restitution of a property-sale deposit after cancellation, where the seller had used funds held in trust contrary to the agreement.

  • Restitution Of Deposit
  • Cancellation Of Sale Agreement
  • Specific Performance
  • Trust Account Obligations
  • Interest On Deposit
  • Contractual Variation
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Land And Property [2008] ZAGPHC 60

Rakau v Manqele and Another (36238/2007)

Rakau v Manqele and Another (36238/2007) [2008] ZAGPHC 60 (8 February 2008)

The High Court dismissed an application to cancel a title deed, finding no proof of valid cancellation, fraud, or entitlement to transfer the property to the applicant.

  • Cancellation Of Sale Agreement
  • Transfer Of Property
  • Title Deed Dispute
  • Specific Performance
  • Title-deed-dispute
  • Cancellation-of-sale-agreement
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Land And Property [2004] ZAFSHC 48

Salomon Senekal Beleggings (Pty) Limited and Another v Gielie Niewoudt Promosies CC and Others (332/2003_ to 338/2004)

Salomon Senekal Beleggings (Pty) Limited and Another v Gielie Niewoudt Promosies CC and Others (332/2003_ to 338/2004) [2004] ZAFSHC 48; ; (27 May 2004)

High Court held that sale agreements were validly cancelled after default on bank guarantees and granted eviction orders, rejecting lien and oral variation defenses.

  • Eviction Act
  • Cancellation Of Sale Agreement
  • Lien And Security
  • Doctrine Of Election
  • Waiver And Estoppel
  • Eviction
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Land And Property [2003] ZAGPHC 16

Marais and Others v Ahrens and Others (19881/03)

Marais and Others v Ahrens and Others (19881/03) [2003] ZAGPHC 16 (26 November 2003)

The High Court held that the respondents breached a written sale agreement by failing to pay occupational rent, upheld cancellation, and ordered eviction and costs.

  • Cancellation Of Sale Agreement
  • Eviction
  • Occupational Rent
  • Non Variation Clause
  • Cancellation-of-agreement
  • Occupational-rent
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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.