South Africa Case Law

Nkondlwana v Letsaba and Others (Appeal) (CA14/2024)

Nkondlwana v Letsaba and Others (Appeal) (CA14/2024) [2024] ZAECMHC 79 (15 October 2024)

Court

Eastern Cape High Court, Mthatha

Case number

CA 14/2024

Judges

Rugunanan, M Makaula, M Gwala

The court found that the appellant failed to establish a right to evict the respondents as unlawful occupiers. The evidence supported the respondent's version that a sale agreement was concluded with the deceased, witnessed by the appellant, and that the purchase price was paid in full. The absence of a written deed of alienation was explained by the circumstances, and the receipts corroborated the respondent's payments. The court a quo correctly applied the Plascon-Evans test, accepting the respondent's credible version and rejecting the appellant's. The doctrine of notice applied, binding t…

Source excerpt

• Alienation Of Land Act
• Doctrine Of Notice
• Unlawful Occupation
• Eviction
• Oral Sale Agreement

Serame and Another v Motshabi and Another (3605/2021)

Serame and Another v Motshabi and Another (3605/2021) [2022] ZAFSHC 222 (5 September 2022)

Court

Free State High Court, Bloemfontein

Case number

3605/2021

Judge

Van Rhyn

The court found that no valid written agreement of sale existed between the applicants and the first respondent, as required by section 2(1) of the Alienation of Land Act. The respondent failed to discharge the onus of proving a valid sale agreement and thus had no right to claim transfer of the property. Her occupation was therefore unlawful. The respondent's enrichment claim was unsupported by sufficient evidence regarding the nature, timing, and value of improvements. The repayment claim for R70,000 was also found to have prescribed. The applicants complied with all procedural requirements…

Source excerpt

• Prevention Of Illegal Eviction Act
• Alienation Of Land Act
• Oral Sale Agreement
• Unlawful Occupation
• Enrichment Claim
• Eviction Procedure

Shikoane v Government of the Republic of South Africa and Others (16926/2001)

Shikoane v Government of the Republic of South Africa and Others (16926/2001) [2015] ZAGPPHC 720 (15 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

16926/2001

Judge

S Potterill

The court held that the plaintiff's claims for transfer, damages, and enrichment had prescribed under the Prescription Act and dismissed the action with punitive costs.

• Prescription Act
• Transfer Of Land
• Oral Sale Agreement
• Unjust Enrichment
• Damages For Improvements
• Prescription