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South Africa Case Law

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Administrative Law [2016] ZAGPPHC 771

Kekana and Another v Master of the High Court and Others (78433/2014)

Kekana and Another v Master of the High Court and Others (78433/2014) [2016] ZAGPPHC 771 (26 August 2016)

The High Court reviewed and set aside a second appointment of an executrix, finding the Master was functus officio and that later property transfers were invalid.

  • Promotion Of Administrative Justice Act
  • Administration Of Estates Act
  • Functus Officio
  • Revocation Of Letter Of Authority
  • Invalid Transfer Of Property
  • Administrative-law
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Land And Property [2016] ZAGPJHC 152

Ablesun Investments (Pty) Ltd v Armadillo Developments 202 (Pty) Ltd and Others (9124/2015)

Ablesun Investments (Pty) Ltd v Armadillo Developments 202 (Pty) Ltd and Others (9124/2015) [2016] ZAGPJHC 152 (10 June 2016)

The court found that the Second Respondent was not authorised to act on behalf of the Applicant at the time of signing the Agreement of Sale and transfer documents. The purported authority relied upon was revoked in 1994, and no valid resolution existed. The 2012 agreement was fictitious and did not reflect the true transaction, rendering both the agreement and the subsequent deed of transfer invalid. The conveyancers failed to comply with statutory requirements, including verifying authority and obtaining necessary documentation. The transfer constituted the greater part of the Applicant's u…

  • Invalid Transfer Of Property
  • Authority Of Company Representatives
  • Deeds Registries Act
  • Companies Act Special Resolutions
  • Fictitious Agreement
  • Attorney And Client Costs
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Land And Property [2009] ZASCA 115

Philani-Ma-Afrika and Others v Mailula and Others (674/08)

Philani-Ma-Afrika and Others v Mailula and Others (674/08) [2009] ZASCA 115; 2010 (2) SA 573 (SCA) ; [2010] 1 All SA 459 (SCA) (25 September 2009)

The Supreme Court of Appeal set aside an unauthorised sale and transfer of Angus Mansions, restored ownership to Philani-Ma-Afrika, and dismissed the eviction case.

  • Invalid Transfer Of Property
  • Corporate Governance
  • Eviction Order
  • Par Delictum Rule
  • Authority Of Directors
  • Appealability Of Orders
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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.