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South Africa decisions
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Spalding and Another v Androdox Proprietary Limited and Another (14057/2024P) [2025] ZAKZPHC 70 (31 July 2025)
The court held that a temporary right-of-way servitude had lapsed after consolidation created alternative access to a public road through a registered panhandle.
Lisbon Developments (Pty) Ltd and Others v Mhlongo and Others (Leave to Appeal) (1904/2023) [2025] ZAMPMBHC 64 (28 July 2025)
The High Court granted leave to appeal in a land and trust dispute concerning a community-owned trust, finding compelling reasons under section 17(1)(a)(iii).
Van den Heever and Others v Evolv Outdoor (Pty) Ltd and Another (2023/120525) [2025] ZAGPJHC 365 (26 March 2025)
Liquidators obtained eviction after the court held that a lease by a non-owner did not bind the true owner once the unlawful transfer was set aside.
Nkwashu v Master of High Court of South Africa and Others (2022/19768) [2024] ZAGPJHC 519 (24 May 2024)
The court found that the third respondent's appointment as executor was procured by fraud, which vitiates all subsequent transactions, including the sale and transfer of the property. The fraud rendered the executor's appointment null and void, and as a result, the third respondent lacked authority to represent the estate or form the necessary intention to transfer the property. Applying the abstract theory of transfer, the court held that both a real agreement and registration are required for ownership to pass, but where fraud is present, ownership does not pass despite registration. The fo…
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Menziwa v Ndokwana and Others - Leave to Appeal (20872/2021) [2023] ZAWCHC 294 (22 November 2023)
The court found that the applicant failed to provide a full and reasonable explanation for the delay in filing the application for leave to appeal. Her account was incomplete, unsupported by evidence, and did not cover the entire period of delay. The applicant and her attorneys were aware of the time limits but did not act with urgency. The court further held that the non-joinder of the Executor or Master of the High Court was fatal to the main application, as the second respondent was deceased when the application was instituted. The order sought by the applicant was legally incompetent. On…
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City of Ekurhuleni Metropolitan Municipality v LAPA Property Investments (Pty) Ltd and Others (2018/40589) [2023] ZAGPJHC 1327 (13 November 2023)
The High Court held that the municipal sale agreement was validly cancelled, the City may recover the properties, but only on repayment of the purchase price and discharge of the bond.
G.M.M v V.A.M N.O and Others (15119/21) [2022] ZAGPPHC 823 (31 October 2022)
The High Court dismissed an application to set aside property registration, finding the respondents lawfully acquired the property and that the applicant’s version was unsupported.
Sekgobela v Thamaga and Others (15263/2017) [2022] ZAGPJHC 660 (8 September 2022)
High Court rescinded a default judgment over immovable property, granted condonation to both sides, and held the judgment was erroneously granted in the applicant’s absence.
Matjhabeng Local Municipality v Isizwe Kuqala General Dealer CC and Others (489/2020) [2020] ZAFSHC 206 (11 November 2020)
The court set aside a municipality’s sale and transfer of land for lack of valid Council authorisation under the MFMA, finding the transaction void.
Mangwane and Another v Gomba and Others (37830/16) [2019] ZAGPPHC 472 (20 August 2019)
The High Court dismissed an application to cancel a title deed, finding the applicants lacked locus standi and had not proved the property was ever allocated to them.
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