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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 132

De Beer N.O. v Smith N.O. and Others (524/2020)

De Beer N.O. v Smith N.O. and Others (524/2020) [2024] ZAFSHC 132 (9 May 2024)

The High Court dismissed an application to rescind a default judgment against an estate and granted Rule 46A relief, including executable status for immovable property.

  • Rescission Of Default Judgment
  • Rule 46a Execution
  • Locus Standi
  • Estate Administration
  • Condonation Of Execution
  • Movable And Immovable Property
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Land And Property [2019] ZALMPPHC 58

Augostine v Haywood N.O and Others (3635/2018)

Augostine v Haywood N.O and Others (3635/2018) [2019] ZALMPPHC 58 (6 December 2019)

The court dismissed a solvent spouse’s claim to release immovable property under section 21 of the Insolvency Act, but ordered release of movable household assets.

  • Insolvency Act Section 21
  • Release Of Property
  • Onus Of Proof
  • Valid Title Against Creditors
  • Movable And Immovable Property
  • Insolvency-act-section-21
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Land And Property [2010] ZAGPPHC 153

Phomella Property Investments (Pty) Ltd v JP Nitespot CC (74000/09)

Phomella Property Investments (Pty) Ltd v JP Nitespot CC (74000/09) [2010] ZAGPPHC 153 (12 October 2010)

The High Court dismissed an eviction application after finding no valid cancellation of the lease and no basis to require removal of fixtures.

  • Eviction
  • Lease Cancellation
  • National Building Regulations
  • Certificate Of Occupancy
  • Movable And Immovable Property
  • Contractual Repudiation
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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.