South Africa Case Law

Schmidt Bou Ontwikkelings BK v Bester en Anders (1689/2010)

Schmidt Bou Ontwikkelings BK v Bester en Anders (1689/2010) [2011] ZAWCHC 325 (17 August 2011)

Court

Western Cape High Court, Cape Town

Case number

1689/2010

Judge

Louw R

The court found that the applicant never intended to transfer ownership of the entire Erf 3117 to Innova Holdings, but only a portion thereof. The transfer of the whole erf was effected on the basis of a forged power of attorney, and there was no real agreement between the applicant and Innova for the transfer of the remainder. The negative registration system in South African law does not guarantee the correctness of the deeds office records. The applicant's claim for rectification is not barred by prescription, as it does not constitute enforcement of a debt. The defence of estoppel raised…

Source excerpt

• Rectification Of Title Deeds
• Ownership Transfer
• Mortgage Cancellation
• Estoppel
• Negative Registration System

Oudekraal Estates (PTY) limited v City of Cape Town and Others (7699/01)

Oudekraal Estates (PTY) limited v City of Cape Town and Others (7699/01) [2002] ZAWCHC 36; [2002] 3 All SA 450 (C); 2002 (6) SA 573 (C) (20 June 2002)

Court

Western Cape High Court, Cape Town

Case number

7699/01

Judges

Davis, Veldhuizen

The High Court held that Oudekraal’s township approval had lapsed, later extensions were invalid, and registered township rights could not cure the defect.

• Ultra Vires Administrative Action
• Township Development Rights
• Collateral Challenge
• Delay Rule
• Negative Registration System
• Environmental Protection