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Lord Investment (Pty) Ltd. v Mocasta Investment (Pty) Ltd. (328/84) [1986] ZASCA 25 (24 March 1986)
The court held that fraudulent transfers could not confer good title, even on a bona fide purchaser, and dismissed the appeal with costs.
Suid-Afrikaanse Yster En Staal Industriele Korporasie Beperk v Van der Merwe (412/83) [1984] ZASCA 70; [1984] 2 All SA 403 (A) ; 1984 (3) SA 706 (A) (29 May 1984)
The Supreme Court of Appeal held that the appellant's termination of the temporary contract for access did not constitute a self-created necessity that would bar its claim for a right of way. The contract was intended as a temporary measure, and there was no evidence that the appellant waived its right to seek a necessity servitude or that the contract was intended to be permanent. The court found that the appellant was entitled to a right of way over the respondent's property, subject to reasonable compensation and certain conditions to mitigate the impact on the respondent's land. The respo…
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