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South Africa decisions
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Seshoene v Masogo and Others (707/2014) [2024] ZALMPPHC 105 (30 August 2024)
The High Court held that the respondents’ garage unlawfully encroached on the applicant’s property and ordered demolition or safe partial demolition.
WesBank, a division of Firstrand Bank Limited v Maseko and Another (47971/2017) [2022] ZAGPJHC 595 (22 August 2022)
The court found that the first defendant was the true owner of the vehicle, as he had exclusive possession and control, and the second defendant never took delivery or exercised ownership rights. The registration of the vehicle in the second defendant's name did not confer common law ownership. The purported sale and subsequent financing transactions were simulated and lacked commercial sense, as the first defendant sought a loan, not a sale, and was induced to enter into an arrangement that resulted in him selling and buying back the vehicle at a loss. No valid transfer of ownership occurred…
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