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South Africa decisions
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Maimela v Maimela and Others (13282/16) [2017] ZAGPJHC 366 (24 August 2017)
The court cancelled a title deed registered without the required enquiry and ordered a fresh enquiry to determine the lawful beneficiaries of the property.
Khwashaba and Another v Ratshitanga and Others (27632/14) [2016] ZAGPJHC 70 (29 February 2016)
The court found that the property in question was historically subject to discriminatory land tenure laws, and that the transfer of ownership into the names of the first applicant and second respondent occurred without lawful basis and without proper administrative enquiry. At the time of the divorce, only leasehold rights existed, not ownership, and neither party could lawfully dispose of the property. The subsequent sale and transfer to the first respondent was ultra vires and invalid. The defence of estoppel was rejected, as it cannot validate an unlawful transfer. The court held that an a…
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