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South Africa Case Law

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Land And Property [2020] ZAFSHC 170

Maluti-a-Phofung Municipality v Bibi Cash & Carry Supermarket (Pty) Ltd and Others (688/2017)

Maluti-a-Phofung Municipality v Bibi Cash & Carry Supermarket (Pty) Ltd and Others (688/2017) [2020] ZAFSHC 170 (6 June 2020)

Court
Free State High Court, Bloemfontein
Case number
688/2017
Judge
MH Rampai

The court found that the plaintiff had crossed the threshold of evidence required at the close of its case to survive an application for absolution from the instance. The plaintiff's registered ownership of the disputed properties remains extant and protected by law, as no court order has been sought or obtained to cancel the registration. The defendants failed to produce sufficient documentary evidence to support their succession and ownership claims, and their arguments regarding the invalidity of the transfer and registration were not substantiated. The court held that the principle of leg…

Source excerpt

  • Absolution From The Instance
  • Registered Title
  • Deeds Registries Act
  • Ownership Dispute
  • Land Tenure Rights
  • Prescription
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Land And Property [2019] ZAFSHC 90

Maluti-a-Phofung Municipality v Bibi Cash & Cash Supermarket (Pty) Ltd and Others (688/2017)

Maluti-a-Phofung Municipality v Bibi Cash & Cash Supermarket (Pty) Ltd and Others (688/2017) [2019] ZAFSHC 90 (6 June 2019)

Court
Free State High Court, Bloemfontein
Case number
688/2017
Judge
MH Rampai

The court found that the plaintiff had crossed the threshold of evidence required to survive an application for absolution from the instance. The properties in dispute were lawfully transferred and registered in the plaintiff's name, and such registration remains valid and extant until cancelled by a competent court order. The defendants failed to produce sufficient evidence or administrative records to substantiate their claim to ownership or to challenge the plaintiff's registered title. The principle that registered deeds cannot be cancelled except by court order was reaffirmed, and the ac…

Source excerpt

  • Absolution From The Instance
  • Registered Title
  • Deeds Registries Act
  • Ownership Dispute
  • Donation Of Land
  • Land Tenure Rights
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Land And Property [2016] ZAGPPHC 499

Maleka and Another v Ika and Others (69567.2012)

Maleka and Another v Ika and Others (69567.2012) [2016] ZAGPPHC 499 (27 May 2016)

Court
North Gauteng High Court, Pretoria
Case number
69567/2012
Judge
Kooverjie

The court found that the applicants are the registered owners of the property and, in the absence of concrete evidence of irregularity in the registration process or lack of municipal consent, their ownership stands. The respondents, although occupying the property for many years, do not have a greater legal right than the registered owners. The arrangement with Khaya Home Loans was temporary and does not confer statutory or tribal rights qualifying as land tenure rights. The PIE Act and the Constitution require the court to balance the proprietary rights of the owners against the basic human…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Locus Standi
  • Deeds Registries Act
  • Black Communities Development Act
  • Land Tenure Rights
  • Section 26 Constitution
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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.