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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 757

Olivier and Another v Manzini and Others (2022/20584)

Olivier and Another v Manzini and Others (2022/20584) [2023] ZAGPJHC 757 (4 July 2023)

The High Court referred a residential property-sale dispute and counter-application to trial because of material disputes over defects, compliance, voetstoots, and repudiation.

  • Specific Performance
  • Voetstoots Clause
  • Latent Defects
  • Repudiation
  • Municipal Clearance
  • Damages
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Land And Property [2023] ZAGPPHC 37

Road Accident Fund and Another v Discovery Health (Pty) Limited (2022/016179)

Road Accident Fund and Another v Discovery Health (Pty) Limited (2022/016179) [2023] ZAGPPHC 37 (23 January 2023)

The court found that the applicant had a legally recognized interest in the property, having occupied it for decades, paid for its acquisition and development, and been listed as co-owner by the municipality. The evidence showed that the property was transferred between respondents without proper authority or notification to the applicant, amounting to a fraudulent transfer. The court held that the applicant met the requirements for declaratory relief, as the dispute was concrete and not hypothetical, and the applicant's interest was direct and substantial. The delay in bringing the applicati…

  • Declaratory Relief
  • Fraudulent Transfer
  • Conversion Of Rights
  • Registration Of Title
  • Municipal Clearance
  • Delay In Proceedings
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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.