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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 47

Alana v Monoline Investments 8 Trust (2020/37977)

Alana v Monoline Investments 8 Trust (2020/37977) [2025] ZAGPJHC 47 (23 January 2025)

Court
South Gauteng High Court, Johannesburg
Case number
2020/37977
Judge
Dlamini

The court held that it does not have the power to make a settlement agreement an order of court where the agreement was concluded prior to the commencement of litigation and does not relate to a pending lis between the parties. The applicant's additional claim for a money order was dismissed as it was not sought in the notice of motion or founding affidavit, and no supporting evidence was adduced. The application was accordingly dismissed, and costs were awarded against the applicant.

Source excerpt

  • Settlement Agreement Enforcement
  • Housing Development Schemes For Retired Persons Act
  • Jurisdiction Of High Court
  • Life Rights Agreement
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Land And Property [2024] ZAKZDHC 74

Amanzimtoti Welfare Organisation for the aged v Gregson (D5954/2022)

Amanzimtoti Welfare Organisation for the aged v Gregson (D5954/2022) [2024] ZAKZDHC 74 (18 October 2024)

Court
Kwazulu-Natal High Court, Durban
Case number
D5954/2022
Judge
Sibisi

The applicant failed to establish a clear contractual or statutory right to terminate the respondent's life right and evict her from the unit. The life rights agreement does not expressly provide for termination in circumstances of prolonged absence, and the relevant clauses empower trustees to act only in cases of disability requiring relocation. The house rules relied upon are of questionable validity and evidentiary weight, as they are unsigned and may not be properly registered under the Community Schemes Ombuds Service Act. The AGM minutes indicate no original restriction on absences. Th…

Source excerpt

  • Eviction
  • Life Rights Agreement
  • Contractual Interpretation
  • Community Schemes Ombuds Service Act
  • Locus Standi
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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.