South Africa Case Law

Jack v National Director of Public Prosecutions and Others (18321/2022; 6171/2021)

Jack v National Director of Public Prosecutions and Others (18321/2022; 6171/2021) [2023] ZAWCHC 284 (26 June 2023)

Court

Western Cape High Court, Cape Town

Case number

18321/2022; 6171/2021

Judge

Slingers

The applicant sought leave to register mortgage bonds over properties subject to a POCA restraint order. The High Court refused and dismissed the application with costs.

• Restraint Order
• Prevention Of Organised Crime Act
• Mortgage Bond Registration
• Third Party Interests
• Confiscation Order
• Restraint-order

Thabit and Others vs Muladzi and Others (30518/2020; 34521/2020)

Thabit and Others vs Muladzi and Others (30518/2020; 34521/2020) [2023] ZAGPJHC 251 (17 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

30518/2020; 34521/2020

Judge

M A Makume

The High Court dismissed a declaratory claim over a property sale and upheld an eviction, finding the earlier sale was unregistered and gave only a personal right.

• Alienation Of Land Act
• Registration Of Transfer
• Eviction Under Pie Act
• Real Vs Personal Rights
• Mortgage Bond Registration
• Alienation-of-land-act

K2012076290 (Pty) Ltd v Oude Chardonnay Rusoord (Pty) Ltd and Another (642/2019)

K2012076290 (Pty) Ltd v Oude Chardonnay Rusoord (Pty) Ltd and Another (642/2019) [2020] ZASCA 164 (10 December 2020)

Court

Supreme Court of Appeal

Case number

642/2019

Judges

Navsa, Zondi, Mocumie, Eksteen, Mabindla-Boqwana

The Supreme Court of Appeal held that the mortgaged property was clearly identifiable and rejected a fraud defence, restoring the appellant’s claim for security.

• Mortgage Bond Registration
• Contractual Interpretation
• Fraudulent Misrepresentation
• Sale Of Immovable Property
• Liquidation
• Security For Debt

Lakeside City Trading 286 (Pty) Ltd v Lindicento Proprietary Limited and Others (31459/2018)

Lakeside City Trading 286 (Pty) Ltd v Lindicento Proprietary Limited and Others (31459/2018) [2020] ZAGPPHC 103 (20 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

31459/2018

Judge

Maumela

The High Court set aside a property transfer, the sale agreement, and a mortgage bond after finding the transaction was tainted by fraud and lack of authority.

• Fraudulent Transfer
• Ostensible Authority
• Mortgage Bond Registration
• Company Directorship
• Alienation Of Land Act
• Prescription

Cross Atlantic Properties 64 (Pty) Ltd t/a A-2 Bridging v Kruger (4496/2018)

Cross Atlantic Properties 64 (Pty) Ltd t/a A-2 Bridging v Kruger (4496/2018) [2019] ZALMPPHC 28 (19 June 2019)

Court

Limpopo High Court, Polokwane

Case number

4496/2018

Judge

EM Makgoba

The High Court found that an attorney breached a mandate to secure a bridging loan, causing the plaintiff loss and justifying attorney-and-client costs.

• Negligent Breach Of Mandate
• Attorney Client Duties
• Conflict Of Interest
• Suretyship
• Mortgage Bond Registration
• National Credit Act Compliance

Tibane Mashianoke Trading v Ras and Another (81006/2015)

Tibane Mashianoke Trading v Ras and Another (81006/2015) [2017] ZAGPPHC 819 (24 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

81006/2015

Judge

Molahlehi

The High Court dismissed an application to rescind a default judgment, finding no adequate explanation for default and no bona fide defence with prospects of success.

• Rescission Of Default Judgment
• Service Of Process
• Mortgage Bond Registration
• Bona Fide Defence
• Rescission-of-default-judgment
• Service-of-process

Taljaard NO and Another v Van den Heever and Others (54704/2013)

Taljaard NO and Another v Van den Heever and Others (54704/2013) [2016] ZAGPPHC 1029 (12 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

54704/2013

Judge

AC Basson

The High Court held that a post-winding-up transfer of farm property was void, refused to validate it, and declared the related mortgage bond void.

• Winding Up
• Void Disposition
• Creditor Preference
• Mortgage Bond Registration
• Validation Of Disposition
• Liquidation Proceedings

Jessop v Industrial Development Corporation of South Africa and Another (42379/2012)

Jessop v Industrial Development Corporation of South Africa and Another (42379/2012) [2015] ZAGPJHC 208 (16 September 2015)

Court

South Gauteng High Court, Johannesburg

Case number

42379/2012

Judge

C G Lamont

The court dismissed an application for damages arising from a failed property transfer, holding IDC committed no delict in registering the bond or enforcing its security.

• Mortgage Bond Registration
• Personal Rights Vs Real Rights
• Sale In Execution
• Damages In Lieu Of Delivery
• Mortgage-bond-registration
• Personal-rights-v-real-rights

Factaprops 52 CC v Nedbank Limited (29142/2014)

Factaprops 52 CC v Nedbank Limited (29142/2014) [2015] ZAGPJHC 156 (26 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

29142/2014

Judge

Kathree-Setiloane

The High Court ordered Nedbank to honour its undertaking to pay outstanding rates and to proceed with obligations under a loan agreement for property transfer.

• Specific Performance
• Contractual Undertaking
• Repudiation
• Mortgage Bond Registration
• Clearance Certificate
• Specific-performance

Jessop v Industrial Development Corporation of South Africa Ltd and Another (42379/2012)

Jessop v Industrial Development Corporation of South Africa Ltd and Another (42379/2012) [2014] ZAGPJHC 161 (30 May 2014)

Court

South Gauteng High Court, Johannesburg

Case number

42379/2012

Judge

Reyneke

The court found that the judgment of 12 June 2013 was granted by default, as the applicant's counsel withdrew after the refusal of the postponement application and was no longer on record. The applicant was not in wilful default, having received only two days' notice of set down, and provided a reasonable explanation for his absence. The court held that the applicant demonstrated good cause for rescission, including a reasonable prospect of success in challenging the validity of the mortgage bond registration. The judgment was therefore susceptible to rescission under the common law, and the…

Source excerpt

• Rescission Of Judgment
• Default Judgment
• Locus Standi
• Mortgage Bond Registration
• Good Cause Requirement