South Africa Case Law

Rajah and Another v Balduzzi (076/2017)

Rajah and Another v Balduzzi (076/2017) [2018] ZASCA 57 (16 May 2018)

Court

Supreme Court of Appeal

Case number

076/2017

Judges

Navsa, Leach, Wallis, Mothle, Hughes

The Supreme Court of Appeal held that the claim for transfer of the property by the estate was not properly adjudicated under the Abolition of Racially Based Land Measures Act, but rather fell under section 3 of the Restitution of Land Rights Act, which provides a remedy for persons prevented from acquiring title due to racially discriminatory laws. The Land Claims Court has exclusive jurisdiction over such claims, and the High Court orders upholding prescription and res judicata were made without jurisdiction and on an incorrect legislative basis. The application for condonation for late fil…

Source excerpt

• Group Areas Act
• Nominee Ownership
• Restitution Of Land Rights Act
• Prescription
• Eviction
• Section 26 Constitution

Middleton v Middleton and Others (6440/2010)

Middleton v Middleton and Others (6440/2010) [2013] ZAKZDHC 63 (1 November 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

6440/2010

Judge

Lopes

The court found Kim Middleton acted as nominee for family-held properties and Bodyology interests, and declared ownership and sale proceeds accordingly, with each party bearing own costs.

• Nominee Ownership
• Division Of Property
• Family Dispute
• Close Corporation Membership
• Trusts And Estate Planning
• Interdict Application

Du Plooy and Another v Du Plooy and Others (417/11)

Du Plooy and Another v Du Plooy and Others (417/11) [2012] ZASCA 135; [2012] 4 All SA 239 (SCA) (27 September 2012)

Court

Supreme Court of Appeal

Case number

417/11

Judges

Mthiyane, Heher, Bosielo, Petse, Plasket

The SCA held that Robert Du Plooy held the houses as nominee for his siblings and could not alienate them without consent; the transfer to the buyer was set aside.

• Nominee Ownership
• Family Property Dispute
• Alienation Of Land
• Interdict
• Setting Aside Transfer
• Nominee-ownership

Eksteen v De Villiers and Another (22293/2010)

Eksteen v De Villiers and Another (22293/2010) [2011] ZAWCHC 379 (8 September 2011)

Court

Western Cape High Court, Cape Town

Case number

22293/2010

Judge

Baartman

The court dismissed an application for leave to appeal concerning nominee ownership, waiver of rights, and an enrichment claim over the Coghill property.

• Nominee Ownership
• Waiver Of Rights
• Unjust Enrichment
• Nominee-ownership
• Waiver-of-rights
• Unjust-enrichment

Peter and Another v Michau NO and Others (11070/2008)

Peter and Another v Michau NO and Others (11070/2008) [2009] ZAKZDHC 30 (11 August 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

11070/2008

Judge

Ndlovu

The KwaZulu-Natal High Court granted an interim interdict stopping the sale of a property, pending an action over alleged true ownership and nominee transfers.

• Interim Interdict
• Ownership Dispute
• Community Of Property
• Transfer Of Property
• Nominee Ownership
• Interim-interdict

Madzivhandila and Others v Madzivhandila and Another (584/2002)

Madzivhandila and Others v Madzivhandila and Another (584/2002) [2004] ZASCA 12 (24 March 2004)

Court

Supreme Court of Appeal

Case number

584/2002

Judges

Mthiyane, Jones, Van Heerden

The court held that property held in a nominee’s name could still form part of a marital joint estate, and rejected an illegality argument based on public-service rules.

• Joint Estate Declaration
• Nominee Ownership
• Statutory Illegality
• Division Of Estate
• Joint-estate
• Nominee-ownership