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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 271

Masebebalo v Matenji (53948/21)

Masebebalo v Matenji (53948/21) [2025] ZAGPJHC 271 (13 March 2025)

The High Court granted rescission under Rule 42(1)(a), finding the prior order was made in the applicants’ absence and affected disputed property rights.

  • Rescission Of Judgment
  • Rule 42 Application
  • Intestate Succession
  • Deed Of Donation
  • Misrepresentation
  • Right Of Access To Property
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Land And Property [2010] ZAECPEHC 9

Calcutt (Born Hyde) and Others v Maclean and Others (871/09)

Calcutt (Born Hyde) and Others v Maclean and Others (871/09) [2010] ZAECPEHC 9 (23 March 2010)

The court held that a first deed of donation was not cancelled, but novated by a later deed. It upheld transfer of Erf 125 and dismissed the application.

  • Deed Of Donation
  • Subdivision Of Land
  • Transfer Of Ownership
  • Novation
  • Abstract Theory Of Transfer
  • Registration Of Transfer
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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.