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South Africa decisions
Decisions matching the current search
Seboni N.O and Another v ABSA Bank Limited and Others (Leave to Appeal) (18797/2021) [2025] ZAGPPHC 6 (17 January 2025)
Leave to appeal was dismissed because the seventh respondent failed to show reasonable prospects of success in a fraud-tainted property transfer dispute.
Mokumo v Semosa and Others (2023/054043) [2024] ZAGPPHC 1392 (19 December 2024)
The court set aside a sale and transfer of jointly owned immovable property allegedly completed through a forged power of attorney and restored joint ownership.
Patel NO v Deedat and Another (2024/16548) [2024] ZAGPJHC 1292 (18 December 2024)
The High Court dismissed an urgent application for an interim interdict over a co-owner’s fractional share, finding no prima facie right or proven harm.
N.M.M v Chabalala N.O and Others (2022-021286) [2024] ZAGPPHC 1259 (2 December 2024)
The court set aside a property sale and transfer after finding the applicant’s signature on transfer documents was forged, and referred payment issues to trial.
Masinga and Others v Selematsela and Others (13796/2020) [2024] ZAGPPHC 1130 (14 November 2024)
The High Court condoned the late delivery of a declaration in a property dispute involving alleged fraud, but postponed relief against the Master of the High Court.
Senong v Dreyer (87562/2019) [2024] ZAGPPHC 793 (5 August 2024)
The High Court dismissed an application to rescind a default judgment, finding the applicant’s explanation for default unreasonable despite a prima facie defence.
Masonte v Makota and Others (44131/2023) [2024] ZAGPPHC 744 (30 July 2024)
The court set aside a fraudulently obtained title deed and ordered the property transferred to the applicant, but awarded the respondent proven improvement costs.
Vivian and Others v ABSA Bank Ltd and Another (20095/2017) [2024] ZAGPPHC 670 (2 July 2024)
The court held that technical errors in the citation of procedural rules should not bar the applicants from joining the proceedings, as they have a direct and substantial interest in the subject matter and a bona fide defence. The applicants were not cited in the main action and were unaware of the litigation, which justifies rescission of the default judgment. The alleged fraudulent transfer of property, if proven, would mean ownership did not pass, and the applicants are entitled to defend their rights. The court emphasized the importance of access to justice and the need to prevent grave i…
Source excerpt
Nkosi and Others v Tshitangoni and Others (9767/2018) [2024] ZAGPJHC 484 (15 May 2024)
The High Court postponed an estate-and-property dispute sine die, allowed supplementary affidavits, and reserved costs pending disclosure of key documents.
Ethekwini Municipality v Unity Africa Trading CC and Others (2846/2021P) [2024] ZAKZPHC 12 (20 February 2024)
Costs application granted against the first respondent after it resisted relief, then later consented to a property transfer order involving Portion 4.
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