South Africa Case Law

Die Orffer Langdoed (Pty) Ltd v Orffer N.O and Others (17494/2024)

Die Orffer Langdoed (Pty) Ltd v Orffer N.O and Others (17494/2024) [2025] ZAWCHC 14; [2025] 2 All SA 777 (WCC) (23 January 2025)

Court

Western Cape High Court, Cape Town

Case number

17494/2024

Judge

P D Andrews

The Court found that the resignation of the third Trustee, Mr Stofberg, was effective upon the Master noting receipt of the resignation, in accordance with the Trust Deed and Section 21 of the Trust Property Control Act. The remaining Trustees were empowered to execute the resolution and Special Power of Attorney. The Trust's attempt to revoke the Special Power of Attorney was inconsistent with its prior conduct and representations, invoking the doctrine of estoppel. The Special Power of Attorney, securing a debt, is irrevocable until the debt is discharged. The sale agreement was validly con…

Source excerpt

• Trustee Resignation
• Deeds Registration Act
• Alienation Of Land Act
• Special Power Of Attorney
• Estoppel
• Fiduciary Duty

Minne v Minne and Others (71753/2018)

Minne v Minne and Others (71753/2018) [2022] ZAGPPHC 486 (14 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

71753/2018

Judge

Neukircher

High Court termination of co-ownership dispute over immovable property; the court ordered an equal 50/50 division of net equity and awarded costs to the plaintiff.

• Actio Communi Dividundo
• Joint Ownership Termination
• Division Of Equity
• Deeds Registration Act
• Costs Award
• Actio-communi-dividundo

Groenewald v Pieters and Others (24781/2008)

Groenewald v Pieters and Others (24781/2008) [2009] ZAGPPHC 60 (15 May 2009)

Court

North Gauteng High Court, Pretoria

Case number

24781/2008

Judge

T J Raulinga

The High Court dismissed an application to compel transfer of immovable property, finding unmet suspensive conditions, breach, and no clear right to relief.

• Transfer Of Property
• Deeds Registration Act
• Suspensive Condition
• Contract Breach
• Forfeiture Clause
• Property-transfer