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South Africa decisions
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N.M.M v Chabalala N.O and Others (2022-021286) [2024] ZAGPPHC 1259 (2 December 2024)
The court set aside a property sale and transfer after finding the applicant’s signature on transfer documents was forged, and referred payment issues to trial.
Hlongwane and Another v Masalesa and Others (22815/2020) [2020] ZAGPPHC 468 (24 August 2020)
The High Court ordered transfer documents signed for a property sale and dismissed a counter-application challenging a liquidation and distribution account.
Matadin v Parma and Others (4638/2009) [2010] ZAKZPHC 18 (7 May 2010)
The applicant, as a co-owner, is entitled to insist on partition of the property under the actio communi dividundo. The first respondent's challenges to locus standi and prematurity are without merit, as the applicant does not act as executrix and the estate representative is in the same position as the other co-owners regarding the sale. The property cannot be physically divided, and sale is the only practical solution. The court finds no sufficient evidence to justify equitable adjustment for occupation or expenses, given the modest value of the property and lack of clarity on payments. The…
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