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South Africa decisions
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Badenhorst N.O and Others v Adowa Infrastructure Managers (RF) (Pty) Ltd and Others (16888/2024) [2025] ZAWCHC 273 (30 June 2025)
The High Court held that the Tamric Trust acquired a 20m² encroachment area by acquisitive prescription after open, exclusive possession for over 30 years.
Lambrakis v Taliakis and Another (2025/059253) [2025] ZAGPJHC 542 (28 May 2025)
The court struck an urgent application off the roll, finding the applicant failed to show that substantial redress would not be available in due course.
Smith v Buffalo City Municipality and Others (1323/2008) [2025] ZAECMKHC 43 (8 May 2025)
The court held that MFMA section 14 did not bar restoration of expropriated land found unsuitable for its public purpose and made the settlement an order.
De Sanders Greef N.O and Another v GPP Properties CC and Another (20506/2023) [2025] ZAWCHC 81 (20 February 2025)
The High Court dismissed an application for leave to appeal against a judgment upholding an exception, finding no reasonable prospect of success.
Keewave Trading 373 CC and Others v Nthongoa and Others (4279/2023) [2025] ZAFSHC 19 (30 January 2025)
The court found that the property was purchased with the First Applicant's funds and was registered in the names of the First and Second Respondents only as a temporary measure pending reinstatement of the First Applicant. There was no valid resolution authorizing donation of the property to the First Respondent, and the Respondents' version of a donation was rejected as false and untenable. The First Respondent breached his fiduciary duty by failing to transfer the property back to the First Applicant upon its reinstatement and fraudulently misrepresented his entitlement to sell the property…
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Van Jaarsveld N.O and Others v Barzani 53 (Pty) Ltd and Others (051185/2023) [2024] ZAGPPHC 1126 (5 November 2024)
The court found that the first respondent failed to provide any factual or legal basis for its opposition to the cancellation of the caveat. No affidavit from the person with personal knowledge was submitted, and the only opposition was a technical reliance on the business rescue moratorium, which was not substantiated by facts or a valid legal claim to the property. The caveat was registered under Regulation 68 of the Deeds Registries Act, which does not apply in circumstances where the deed is not lost. The opposition was found to be disingenuous and intended to frustrate the transfer proce…
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Hlatshwayo and Another v Sebolaishi and Others (20127/2022) [2024] ZAGPJHC 1077 (23 October 2024)
The High Court dismissed an opposed motion to stop transfer of property from an estate, finding lack of locus standi, non-joinder, and disputed facts.
Key Results Properties (Pty) Ltd and Another v Kgoele (Leave to Appeal) (94127/2016; 64481/2017) [2024] ZAGPPHC 943 (26 September 2024)
The High Court refused leave to appeal, finding no reasonable prospects of success. The applicants’ grounds were overly broad and lacked particularity.
Blumberg v Blumberg and Another (2024/024590) [2024] ZAGPJHC 951 (25 September 2024)
The court found that the document relied upon by the applicant did not meet the requirements for a valid acknowledgment of debt, as it lacked clarity on the computation of the debt, payment terms, and enforceability. Even if valid, an acknowledgment of debt does not confer the same security as a mortgage bond and cannot be registered as a caveat over immovable property. The court further held that the applicant's financial support to his mother does not automatically create a recoverable debt enforceable against her estate, especially where such an arrangement would indefinitely limit her con…
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Roodt N.O v Registrar of Deeds Pretoria and Others (292/2022) [2024] ZAGPPHC 856 (29 August 2024)
The court held that a divorce settlement allocated sole ownership of the property to the deceased, ordered the deed amended, and awarded punitive costs against the ex-wife.
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