South Africa Case Law

Koringfontein Mining and Farming Co Pty Ltd v Comonage Investment 28 (Pty) Ltd (1754/2012)

Koringfontein Mining and Farming Co Pty Ltd v Comonage Investment 28 (Pty) Ltd (1754/2012) [2015] ZANWHC 87 (24 April 2015)

Court

North West High Court, Mafikeng

Case number

1754/2012

Judge

A M Kgoele

The High Court refused rectification of a lease over agricultural land, finding the agreement void for non-compliance with section 3(d) of the Act and granting eviction.

• Rectification Of Contract
• Subdivision Of Agricultural Land Act
• Lease Agreement Voidness
• Eviction
• Ministerial Consent Requirement
• Rectification-of-contract

Anderson v Bredenkamp N.O. (5469/2007)

Anderson v Bredenkamp N.O. (5469/2007) [2015] ZAFSHC 25 (8 January 2015)

Court

Free State High Court, Bloemfontein

Case number

5469/2007

Judge

Murray, AJ

The court found that the defendant failed to discharge the onus of proving that the plaintiff had actual or constructive knowledge of the facts necessary to sustain her enrichment claim prior to 15 November 2004. The evidence showed that the plaintiff only became aware of the invalidity of the Deed and the requirement for ministerial consent in 2006, after being locked out of her house and consulting attorneys. The plaintiff acted reasonably and with due diligence in acquiring the necessary knowledge, and there was no indication of negligent inaction. The probabilities favoured the plaintiff'…

Source excerpt

• Extinctive Prescription
• Enrichment Action
• Subdivision Of Agricultural Land Act
• Bona Fide Occupancy
• Ministerial Consent Requirement