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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 1306

Jumar v Sheriff Pretoria South West and Others (Leave to Appeal) (2024-095168)

Jumar v Sheriff Pretoria South West and Others (Leave to Appeal) (2024-095168) [2024] ZAGPPHC 1306 (12 December 2024)

The High Court dismissed an application for leave to appeal against an urgent interdict order, finding no reasonable prospects of success or compelling reason.

  • Leave To Appeal
  • Urgent Interdict
  • Eviction Order
  • Adducing Further Evidence
  • Prospects Of Success
  • Municipal Arrears
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Civil Procedure [2024] ZAGPPHC 578

Thoke v Glen Life Properties CC (92664/2019)

Thoke v Glen Life Properties CC (92664/2019) [2024] ZAGPPHC 578 (20 June 2024)

The High Court cancelled a sale in execution after the purchaser failed to meet sale conditions, set a R700,000 reserve price for resale, and awarded party-and-party costs.

  • Sale In Execution
  • Costs Order
  • Reserve Price
  • Municipal Arrears
  • Body Corporate Levies
  • Sale-in-execution
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Commercial And Corporate [2023] ZAGPJHC 518

Tuhf Limited v 28 Esselen Street Hillbrow CC and Others (A5074 /2022 ; 2020/7843)

Tuhf Limited v 28 Esselen Street Hillbrow CC and Others (A5074 /2022 ; 2020/7843) [2023] ZAGPJHC 518 (19 May 2023)

The Full Court upheld TUHF’s appeal, finding municipal arrears constituted breach and entitling TUHF to enforce its security, take cession of rentals, and declare the property executable.

  • Loan Agreement Enforcement
  • Mortgage Bond
  • Suretyship Liability
  • Municipal Arrears
  • Special Executability
  • Loan-agreement-enforcement
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Land And Property [2023] ZAGPPHC 96

Ngema N.O v Gumbi and Another

Ngema N.O v Gumbi and Another [2023] ZAGPPHC 96; 60442/2020 (10 February 2023)

The court granted eviction but gave a five-month grace period, holding that long occupation, dependency, and minor children made immediate removal unjust and inequitable.

  • Prevention Of Illegal Eviction Act
  • Just And Equitable Eviction
  • Long Term Occupation
  • Section 26 Right To Housing
  • Municipal Arrears
  • Family Dependence
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Land And Property [2021] ZAGPJHC 685

Andreini and Others v Mbunu and Others (28918/2019)

Andreini and Others v Mbunu and Others (28918/2019) [2021] ZAGPJHC 685 (17 August 2021)

The applicants, as registered owners, lawfully cancelled the lease agreements after the respondents breached by failing to pay rent and utilities. The respondents’ opposition is based on bare denials and unsupported claims regarding refunds and jurisdiction. The jurisdiction clause does not preclude the High Court’s competence. The respondents have no bona fide defence and remain in unlawful occupation. The court considered the personal circumstances of the respondents, including income, dependents, and alleged disabilities, and found they would not be rendered homeless. The applicants compli…

  • Prevention Of Illegal Eviction Act
  • Lease Cancellation
  • Jurisdiction Clause
  • Just And Equitable Eviction
  • Covid19 Regulations
  • Municipal Arrears
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Administrative Law [2015] ZAFSHC 104

Ngwathe Local Municipality v Eskom Holdings Soc Ltd and Others (4425/2014)

Ngwathe Local Municipality v Eskom Holdings Soc Ltd and Others (4425/2014) [2015] ZAFSHC 104 (28 May 2015)

The court dismissed Ngwathe Municipality’s urgent bid to stop Eskom disconnecting electricity, and allowed disconnection if arrears were not paid, subject to notice.

  • Intergovernmental Dispute
  • Municipal Arrears
  • Electricity Supply Interruption
  • Constitutional Duties
  • Contempt Of Court
  • Municipal-arrears
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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.