South Africa Case Law

Paciflex Coal Mining (Pty) Ltd v National Treasure Minerals and Others (38791/21)

Paciflex Coal Mining (Pty) Ltd v National Treasure Minerals and Others (38791/21) [2021] ZAGPPHC 565 (30 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

38791/21

Judge

G Malindi

The court held that the cause of action relates to prospecting rights over immovable property situated in Mpumalanga. Jurisdiction over such matters is territorial, and the court within whose area the property is located has exclusive jurisdiction. Section 21(2) of the Superior Courts Act does not extend jurisdiction to the Gauteng Division in this context, as the cause of action did not arise within its territory. The applicant failed to justify instituting proceedings in Gauteng, and the authorities dictate that only the Mpumalanga Division is endowed with jurisdiction. Accordingly, the app…

Source excerpt

• Jurisdiction Of High Court
• Prospecting Rights
• Immovable Property
• Interdict
• Superior Courts Act

Jacobs v Wagenaar N.O (1654/2020)

Jacobs v Wagenaar N.O (1654/2020) [2020] ZAECPEHC 40 (20 October 2020)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1654/2020

Judge

Lindoor

Default judgment was granted confirming a universal partnership, dissolving it, and ordering the executor of the deceased estate to pay R505,000 plus interest and costs.

• Universal Partnership
• Dissolution Of Partnership
• Division Of Assets
• Executor Liability
• Immovable Property
• Default Judgment

Draht N.O. and Others v Manqele and Others (18771/13)

Draht N.O. and Others v Manqele and Others (18771/13) [2015] ZAGPPHC 701 (7 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

18771/13

Judge

Hughes

The High Court ordered the eviction of insolvent homeowners from property vested in trustees, holding that their occupation hindered the realisation of the estate.

• Eviction
• Sequestration
• Trustee Powers
• Immovable Property
• Costs Order
• Insolvency