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South Africa decisions
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R.N.S v M.S.S and Others (049996/2022) [2024] ZAGPJHC 745 (13 August 2024)
The High Court dismissed an application to cancel transfer of a Tembisa property, finding no proof it formed part of a joint estate and no basis for relief against the current owner.
Mashazi v Mukuma and Others (17373/2021) [2024] ZAGPJHC 668 (22 July 2024)
The court dismissed an application to set aside a later transfer of property, finding no proof the later purchasers knew of the earlier sale.
Fulsome Properties (Pty) Ltd v Selepe and Others (14001/2021) [2021] ZAGPPHC 196 (6 April 2021)
The High Court granted urgent interdictory relief to protect the applicant’s possession and tenant occupation of property after a disputed double sale.
Manca v Sehemo (M 201/2015) [2018] ZANWHC 70 (12 April 2018)
The court dismissed an application to execute an eviction order pending appeal, holding that the applicant had not shown exceptional circumstances or irreparable harm.
Anthony and Another v Japies and Others (17614/2016) [2017] ZAWCHC 92 (12 September 2017)
The court found that the applicants had a valid and enforceable right to claim transfer of the property, as their agreement preceded the subsequent sale and transfer to the sixth and seventh respondents. The evidence indicated that the second purchasers were aware, or at least foresaw, the existence of the prior agreement and did not oppose the application, which the court deemed an admission of knowledge. The relief sought was not rendered unenforceable by the change in registration, and the applicants were entitled to confirmation of the operative paragraphs of the rule nisi. Regarding cost…
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Saligee-Quickfall v Daniels And Others (12659/2011) [2015] ZAWCHC 115 (10 June 2015)
The court ordered transfer of immovable property to the plaintiff, finding the defendants had notice of her prior contractual right when transfer was registered.
Ndala and Another v Moleele and Others (69254/2011) [2015] ZAGPPHC 92 (13 February 2015)
The court found that the Moleeles had complied with the Deed of Settlement by providing a bank guarantee cheque for R220,000.00 timeously, and that the Deed of Settlement and interim interdict remained operative. The subsequent transfer of the property to the Ndalas was irregular and void, as the Ndalas and their attorney were aware of the prior agreement and court order. The application for eviction by the Ndalas was dismissed, and the transfer in their favour was ordered to be cancelled. The conduct of the Mabuas and Ndalas, while irregular, did not amount to contempt of court as wilfulness…
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Nel v Mulder and Others (49102/2013) [2014] ZAGPPHC 816 (16 October 2014)
High Court set aside a farm sale and transfer made in breach of a lessee’s pre-emption right, and rejected the trustees’ eviction case.
Molyneux v Wicks and Others (496/2007) [2007] ZAECHC 66 (31 August 2007)
The court granted an interim interdict stopping transfer of land to a later purchaser, holding that a 30-day application clause was a term, not a suspensive condition.
Potgieter N.O and Another v De Villiers (432/03) [2004] ZANCHC 38 (22 October 2004)
The High Court granted eviction, finding the trustees had valid title, the respondent proved no enforceable prior right, and no retention right for improvements.
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