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South Africa decisions
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Mokoene and Another v Banda and Others (2025/048842) [2025] ZAGPJHC 413 (23 April 2025)
Urgent interim interdict granted to stop transfer of a Soweto property pending a departmental inquiry into how title was registered in the first respondent’s name.
Ngozo and Others v Ngozo and Others (36953/2019) [2023] ZAGPJHC 1039 (18 September 2023)
The court dismissed a challenge to a will but set aside a leasehold registration because the required Conversion Act inquiry had not been held.
Sethlatlole and Another v Setlhatlole and Others (3436/18) [2023] ZAGPJHC 962 (25 August 2023)
The court found that the Certificate of Leasehold was issued without compliance with section 2 of the Conversion Act, which mandates an inquiry to determine the rightful holder of leasehold rights. The sale agreement relied upon by the respondents did not confer ownership of the land, and the regulatory framework in place at the time required continued payment of rent and did not grant title. The Conversion Act applies to the property, and its peremptory provisions were not followed. The failure to conduct the required inquiry renders the registration unlawful and susceptible to cancellation.…
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Sibiya N.O v Chabango and Others (75040/2015) [2020] ZAGPPHC 488 (28 August 2020)
The High Court upheld a point in limine that the applicant lacked locus standi and dismissed the property challenge with costs.
Mogege and Another v Mapuoa and Others (3989/2006) [2015] ZAFSHC 49 (10 March 2015)
The court declared a title deed null and void after finding the property transfer unlawful under the Conversion of Certain Rights to Leasehold Act and ordered the deed cancelled.
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