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South Africa decisions
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Sithole v Ngwenya and Others (1248/2025) [2025] ZAMPMBHC 23 (27 March 2025)
The High Court found the matter urgent and ordered specific performance in a property sale, compelling transfer documents and repayment of R10 000.
Nigsa Property Investment (Pty) Ltd v Acting Sheriff for Randburg Southwest (16189/2012) [2024] ZAGPPHC 1309 (10 December 2024)
A purchaser in execution sought refund of occupational rent and amendment of the sheriff’s distribution plan, but the High Court dismissed the application.
Pheto v Phahlane and Others (2024-024491) [2024] ZAGPPHC 941 (17 September 2024)
The applicant, as the registered owner, is entitled to occupation of the property. The second respondent and her children have no legal right to remain in occupation, and their continued presence is unlawful. The court considered all relevant circumstances, including the impact on minor children and the lack of evidence of indigence or basic housing need. The second respondent failed to provide sufficient information or take steps to secure maintenance or alternative accommodation. The applicant's hardship and inability to enjoy his property outweigh the second respondent's claims. The court…
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T.K v N.M.P (81131/2018) [2024] ZAGPPHC 341 (5 April 2024)
The High Court dismissed a Rule 42 application to vary a divorce order to include sale of jointly owned property and occupational rent, finding the relief time-barred and substantively incompetent.
Oosdeel Saalperdstoet 2 (Pty) Ltd v Bernardo and Others (5702/2022) [2023] ZAFSHC 388 (5 October 2023)
The court granted an eviction order after finding the applicants validly cancelled a farm sale agreement and the respondents failed to prove a retention lien.
Herman Steyn Erfgename CC and Another v Mdau N.O and Others (2687/23) [2023] ZAMPMHC 25 (31 July 2023)
The court found that although the sale agreements may have been cancelled, the applicants had granted the respondents permission to occupy the properties pending payment of occupational rent. The continued occupation by the respondents, in light of this permission and ongoing negotiations, does not amount to trespass. The applicants failed to demonstrate irreparable harm, as they retain ownership and possession of the purchase price, and have alternative remedies such as damages and eviction proceedings under clause 16.2. The requirements for an urgent interim interdict were not satisfied, an…
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Nhlapho v Langa (D1943/2016) [2022] ZAKZDHC 32 (9 September 2022)
The High Court found an oral sale of land unenforceable, rejected the plaintiff’s rental and levy claim, and ordered restitution of R1 million with interest.
Murcus M Farming CC v Eagles Valley Poultry (Pty) Ltd and Another (UM 239/2020) [2022] ZANWHC 13 (17 March 2022)
Leave to appeal was refused against an interlocutory referral for oral evidence on occupational rent and the parties’ intentions under a sale agreement.
Onah v Ogu (18286/2018) [2019] ZANCHC 49 (27 May 2019)
The High Court dismissed an application for a final interdict over a Kimberley property, finding the applicant failed to fully plead the central sale-agreement dispute.
Drews and Another v Engelbrecht and Others (67012 / 2016) [2017] ZAGPPHC 1281 (7 December 2017)
The High Court granted eviction under PIE after finding the lease had expired, the purchase offer was cancelled, and the respondents’ occupation became unlawful.
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