Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Mohlala v Masamaite and Others (059691/2021) [2024] ZAGPJHC 798 (8 August 2024)
The High Court confirmed a rule nisi, declared a valid deed of alienation, declared the applicant owner of the property, and ordered record updates.
Mohlala v Mashamaite and Others (2022/059691) [2024] ZAGPJHC 607 (4 July 2024)
The court found that the affidavits and annexure relied upon by the applicant constitute a valid deed of alienation for the purposes of section 2(1) of the Alienation of Land Act. The respondent's denials were rejected as vague and unsupported. The absence of certain terms prescribed by section 6 of the Act did not render the deed void, as those terms were not material to the agreement and the purchaser did not seek to avoid the contract. However, due to the involvement of the state in the allocation and development of the property, and the restrictions imposed by section 10A of the Housing A…
Source excerpt
Stucky v Brechoost CC and Another (D5105/2020) [2021] ZAKZDHC 26 (18 August 2021)
The High Court granted condonation for a late replying affidavit, but dismissed an application to compel signature of land-sale documents for failing section 2(1) formalities.
Mungur v Minister of Rural Development and Land Reform (478/2011) [2014] ZAECPEHC 86 (11 December 2014)
The court held that the correspondence between the parties identified the purchaser, seller, property, and purchase price with sufficient accuracy to satisfy the essentialia of a contract for the sale of land. The absence of a written term specifying the method of payment does not invalidate the agreement, as the common law position—cash payment against transfer—applies unless the parties expressly agree otherwise. There was no evidence of any agreement to deviate from the common law position. Therefore, the correspondence constitutes a valid deed of alienation under section 2(1) of the Alien…
Source excerpt
Explore more
