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South Africa Case Law

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Land And Property [2024] ZAGPJHC 607

Mohlala v Mashamaite and Others (2022/059691)

Mohlala v Mashamaite and Others (2022/059691) [2024] ZAGPJHC 607 (4 July 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2022/059691
Judge
S D J Wilson

The court found that the affidavits and annexure relied upon by the applicant constitute a valid deed of alienation for the purposes of section 2(1) of the Alienation of Land Act. The respondent's denials were rejected as vague and unsupported. The absence of certain terms prescribed by section 6 of the Act did not render the deed void, as those terms were not material to the agreement and the purchaser did not seek to avoid the contract. However, due to the involvement of the state in the allocation and development of the property, and the restrictions imposed by section 10A of the Housing A…

Source excerpt

  • Alienation Of Land Act
  • Deed Of Alienation
  • Instalment Sale Agreement
  • Housing Subsidy
  • Joinder Of Parties
  • Rule Nisi
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Civil Procedure [2015] ZAECGHC 38

Twaku v Member of Executive Council Responsible for Education, Eastern Cape Province and Another (CA2/2014)

Twaku v Member of Executive Council Responsible for Education, Eastern Cape Province and Another (CA2/2014) [2015] ZAECGHC 38 (5 February 2015)

Court
Eastern Cape High Court, Grahamstown
Case number
CA2/2014
Judges
J M Roberson, J W Eksteen, N Msizi

The court held that the Rule 37 agreement rendered Greyling's affidavit admissible and undisputed, establishing that the Department did not pay the arrear amount into the appellant's home loan account. The respondents' evidence to the contrary was inadmissible and of negligible probative value. The Department's breach of its contractual obligation directly caused the sale in execution and loss of the appellant's property. The damages claimed were reasonably foreseeable and flowed naturally from the breach. The appellant was entitled to claim damages to place him in the position he would have…

Source excerpt

  • Breach Of Contract
  • Housing Subsidy
  • Damages Quantification
  • Admissibility Of Evidence
  • Sale In Execution
  • Employment Benefits
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.