South Africa Case Law

Keewave Trading 373 CC and Others v Nthongoa and Others (4279/2023)

Keewave Trading 373 CC and Others v Nthongoa and Others (4279/2023) [2025] ZAFSHC 19 (30 January 2025)

Court

Free State High Court, Bloemfontein

Case number

4279/2023

Judge

P.J. Loubser

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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• Fraudulent Transfer Of Property
• Deeds Registries Act
• Close Corporation Membership
• Authority To Institute Proceedings
• Fiduciary Duty
• Setting Aside Registration

Matshwene N.O and Another v ABSA Bank Limited and Others (18797/2021)

Matshwene N.O and Another v ABSA Bank Limited and Others (18797/2021) [2024] ZAGPPHC 864 (27 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

18797/2021

Judge

Gwala AJ

The court set aside documents used in a fraudulent reverse mortgage scheme, held that ownership never passed from the Babirwa Trust, and ordered re-registration of the property.

• Fraudulent Transfer Of Property
• Vindicatory Relief
• Abstract Theory Of Ownership
• Deeds Registration
• Trust Property
• Setting Aside Fraudulent Documents

Nkwashu v Master of High Court of South Africa and Others (2022/19768)

Nkwashu v Master of High Court of South Africa and Others (2022/19768) [2024] ZAGPJHC 519 (24 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/19768

Judge

Louw H

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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• Fraudulent Transfer Of Property
• Executor Appointment
• Deeds Registry Act
• Abstract Theory Of Transfer
• Bona Fide Purchaser
• Estoppel

Ward and Others v Key Lettings (Pty) Ltd (2022/3751)

Ward and Others v Key Lettings (Pty) Ltd (2022/3751) [2023] ZAGPJHC 1302 (14 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/3751

Judge

K Hopkins

The court found that Dr Ward and the other applicants lacked locus standi to challenge the transfer of the property, as Dr Ward was only a shareholder and not a director at the relevant time, and did not obtain trustee consent as an unrehabilitated insolvent. The counter application was procedurally defective, with necessary parties not joined and amendments not properly made. Existing court orders, including interdicts and orders for transfer, remain unchallenged and preclude the applicants' claims. The PIE Act requirements for eviction were met, with Key Lettings as the registered owner and…

Source excerpt

• Eviction Under Pie Act
• Locus Standi
• Fraudulent Transfer Of Property
• Proper Plaintiff Rule

Mohali v Mohali and Others (39683/2019)

Mohali v Mohali and Others (39683/2019) [2023] ZAGPJHC 44 (24 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

39683/2019

Judge

E Molahlehi

The High Court set aside the sale, transfer and registration of property after finding the first respondent fraudulently misrepresented ownership and lacked authority.

• Fraudulent Transfer Of Property
• Customary Marriage Recognition
• Declaratory Relief
• Executor Appointment
• Misrepresentation
• Setting Aside Registration

M v Magudulela and Others (2019/26963)

M v Magudulela and Others (2019/26963) [2021] ZAGPJHC 510 (28 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2019/26963

Judge

Turner AJ

The court found that the transfer of the property to the first respondent was effected pursuant to a fraudulent sale agreement in which T[....] impersonated the applicant. The applicant's entitlement to the property was confirmed by the Claassen J order, and her ownership was registered prior to the fraudulent transfer. The respondent was aware of the fraud and did not dispute the underlying facts. The applicant's claim is a rei vindicatio, asserting a real right to the property, and is not subject to prescription under the Prescription Act. The misdescription in the transfer papers did not c…

Source excerpt

• Fraudulent Transfer Of Property
• Rei Vindicatio
• Prescription Act
• Registration Of Title
• Service Of Process

Moseia and Others v Master of the High Court: Pretoria and Others (36201/2018)

Moseia and Others v Master of the High Court: Pretoria and Others (36201/2018) [2021] ZAGPPHC 37 (26 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

36201/2018

Judge

N Janse Van Nieuwenhuizen

Fraudulent appointment of an estate representative rendered later property transfers void, leading the court to cancel the deeds and set aside the sale.

• Fraudulent Transfer Of Property
• Administration Of Deceased Estates
• Bona Fide Purchaser
• Review Of Administrative Action
• Deeds Registry Cancellation
• Vindication Of Property

Leta v Bennet and Others (23639/2015)

Leta v Bennet and Others (23639/2015) [2019] ZAGPPHC 329 (30 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

23639/2015

Judge

J.J.C. Swanepoel

The court found that, although the applicant claimed to have been misled into believing she was entering into a loan agreement, the objective evidence indicated she knowingly entered into a sale agreement with the option to repurchase the property. The documents signed by the applicant, including the sale agreement, transfer documents, and lease agreement, clearly indicated a sale and transfer of ownership. The applicant's own correspondence prior to learning of the Moore judgment reflected her understanding that she was selling the property with the expectation of repurchasing it later, not…

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• Fraudulent Transfer Of Property
• Real Agreement Requirement
• Unjustified Enrichment
• Sale Of Land
• Pactum Commissorium

De Vos v Adams and Others (3133/2015)

De Vos v Adams and Others (3133/2015) [2016] ZAWCHC 202 (6 December 2016)

Court

Western Cape High Court, Cape Town

Case number

3133/2015

Judge

Davis

The court found that the applicant and her late husband were the rightful owners of the property, as the transfer to Adams was fraudulent and not effected with their consent. However, the applicant did not meet all the requirements for the rei vindicatio, particularly as she remained in possession of the property. The court held that prescription did not run until 2014, when the applicant became fully aware of the fraud, given her reasonable conduct and lack of legal sophistication. The sale in execution and subsequent transfers were set aside, the property was restored to the applicant and h…

Source excerpt

• Rei Vindicatio
• Prescription Act Section 12
• Fraudulent Transfer Of Property
• Sale In Execution
• Bona Fide Purchaser
• Mortgage Bond Cancellation

Rens v Standard Bank of South Africa Limited and Others (371/14)

Rens v Standard Bank of South Africa Limited and Others (371/14) [2015] ZAECPEHC 14 (17 March 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

371/14

Judge

Revelas

The High Court held that the applicant’s claim to set aside a fraudulent sale of inherited property had prescribed, and dismissed the application with costs.

• Prescription Act Section 11d
• Fraudulent Transfer Of Property
• Rei Vindicatio
• Declaratory Relief
• Mortgage Bond Cancellation
• Prescription