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South Africa Case Law

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Land And Property [2024] ZAGPJHC 1292

Patel NO v Deedat and Another (2024/16548)

Patel NO v Deedat and Another (2024/16548) [2024] ZAGPJHC 1292 (18 December 2024)

The High Court dismissed an urgent application for an interim interdict over a co-owner’s fractional share, finding no prima facie right or proven harm.

  • Co Ownership
  • Interim Interdict
  • Alienation Of Share
  • Joinder Of Parties
  • Fraudulent Transfer
  • Interim-interdict
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Commercial And Corporate [2024] ZAMPMBHC 91

Vosloo v Verster and Others (Reasons) (1699/2023)

Vosloo v Verster and Others (Reasons) (1699/2023) [2024] ZAMPMBHC 91 (7 February 2024)

The High Court refused liquidation, partnership dissolution, and co-ownership termination, finding the applicant failed to prove deadlock, a partnership, or free co-ownership.

  • Company Liquidation
  • Just And Equitable Winding Up
  • Partnership Essentialia
  • Actio Communi Dividundo
  • Co Ownership Termination
  • Company-liquidation
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Land And Property [2024] ZAGPJHC 8

Wessels v Roux (2022-044118)

Wessels v Roux (2022-044118) [2024] ZAGPJHC 8 (5 January 2024)

The High Court held that a co-owner was entitled to reasonable, limited access to the property, but not unfettered access or a separate accounting order.

  • Co Ownership
  • Access To Property
  • Mandatory Interdict
  • Statement And Debatement Of Account
  • Co-ownership
  • Property-access
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Land And Property [2023] ZAGPJHC 1212

Mohamed-Padayachee and Another v Mohamed and Another (17370/2022)

Mohamed-Padayachee and Another v Mohamed and Another (17370/2022) [2023] ZAGPJHC 1212 (24 October 2023)

The High Court ordered rectification of a deed so the property would reflect the applicants’ one-third shares, rejecting a prescription defence.

  • Rectification Of Deeds
  • Co-ownership
  • Prescription
  • Transfer Of Property
  • Rectification-of-deeds
  • Property-transfer
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Land And Property [2023] ZAWCHC 95

Z.I v W.I and Another (13142/2022)

Z.I v W.I and Another (13142/2022) [2023] ZAWCHC 95 (9 March 2023)

High Court decision under the actio communi dividundo ordering joint co-owned property sold and the net proceeds divided equally after divorce.

  • Actio Communi Dividundo
  • Co Ownership Termination
  • Division Of Proceeds
  • Matrimonial Property
  • Equitable Distribution
  • Actio-communi-dividundo
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Land And Property [2023] ZAGPJHC 182

D.S.L.A v D.S.P.J and Another (36581/2020)

D.S.L.A v D.S.P.J and Another (36581/2020) [2023] ZAGPJHC 182 (21 February 2023)

The High Court terminated co-ownership of a jointly owned property, ordered its sale, and directed that costs, rentals, and sale proceeds be managed pending divorce.

  • Actio Communi Dividundo
  • Co Ownership Termination
  • Joint Property Sale
  • Division Of Proceeds
  • Actio-communi-dividundo
  • Co-ownership
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Land And Property [2023] ZAFSHC 17

Marogoa v Marogoa and Others (101/2022)

Marogoa v Marogoa and Others (101/2022) [2023] ZAFSHC 17 (24 January 2023)

High Court ordered termination of joint ownership of inherited immovable properties and directed sale by public auction, with proceeds split equally and costs against the respondents.

  • Termination Of Joint Ownership
  • Division Of Property
  • Public Auction
  • Costs Order
  • Termination-of-joint-ownership
  • Co-ownership
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Civil Procedure [2022] ZAGPJHC 825

Smith v Smolak and Another (2021/7136)

Smith v Smolak and Another (2021/7136) [2022] ZAGPJHC 825 (21 October 2022)

The High Court dismissed an interdict application over co-ownership and contact arrangements for a dog, finding no irreparable harm and an adequate alternative remedy.

  • Final Interdict
  • Co Ownership
  • Verbal Agreement
  • Alternative Remedy
  • Final-interdict
  • Co-ownership
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Land And Property [2022] ZAGPPHC 419

Maluleka N.O v Mbatha and Another (2019/63169)

Maluleka N.O v Mbatha and Another (2019/63169) [2022] ZAGPPHC 419 (15 June 2022)

The High Court dismissed an executor’s bid to compel a co-owner to sign an offer to purchase jointly owned property, pointing to co-ownership remedies instead.

  • Co Ownership
  • Actio Communi Dividundo
  • Sale Of Immovable Property
  • Executor Powers
  • Co-ownership
  • Actio-communi-dividundo
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Land And Property [2021] ZAGPJHC 470

Fellinger v Cox and Others (2020/12597)

Fellinger v Cox and Others (2020/12597) [2021] ZAGPJHC 470 (27 September 2021)

The High Court granted an eviction order under PIE, finding the respondents unlawfully occupied co-owned property and that their claimed sale-based rights did not bind the applicant.

  • Prevention Of Illegal Eviction Act
  • Co-ownership
  • Unlawful Occupation
  • Alienation Of Land Act
  • Eviction Procedure
  • Prevention-of-illegal-eviction
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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.