South Africa Case Law

N.M v P.M and Others (22/1716)

N.M v P.M and Others (22/1716) [2024] ZAGPJHC 644 (9 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

22/1716

Judge

Barnes AJ

The applicant failed to establish any legal basis for claiming the second respondent's share of the property. The factual averments regarding the loan and the alleged agreement to transfer ownership were disputed and, even if accepted, did not constitute grounds for the relief sought. The abstract theory of transfer of ownership requires both registration and a real agreement, neither of which was proven in respect of the applicant's claim. Furthermore, the absence of a written deed of alienation as required by the Alienation of Land Act is fatal to the application. The applicant's marriage i…

Source excerpt

• Ownership Of Immovable Property
• Alienation Of Land Act
• Community Of Property
• Declaratory Relief

Swanepoel v Kanyama and Another (80013/2018; 24993/2019; 8757/2019)

Swanepoel v Kanyama and Another (80013/2018; 24993/2019; 8757/2019) [2024] ZAGPPHC 350 (12 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

80013/2018; 24993/2019; 8757/2019

Judge

Mooki

The High Court dismissed leave to appeal against orders rectifying a deed of sale and granting specific performance, holding the postponement refusal was justified.

• Rectification Of Contract
• Specific Performance
• Postponement Of Hearing
• Ownership Of Immovable Property
• Consolidation Of Applications
• Leave-to-appeal

Van Der Walt and Another v RZT Zelppy 4230 (Pty) Ltd and Others (2033/2021)

Van Der Walt and Another v RZT Zelppy 4230 (Pty) Ltd and Others (2033/2021) [2024] ZALMPPHC 8 (30 January 2024)

Court

Limpopo High Court, Polokwane

Case number

2033/2021

Judge

Sikhwari

The court found that there are several material disputes of fact regarding the sale of the immovable property and the authority of the trustees involved. The disputes concern the validity of the resolution authorising the sale, the effect of a trustee's resignation, and the existence of missing documents and deceased witnesses. These disputes are genuine and cannot be resolved on affidavit alone. The court held that referral to trial is necessary to ensure a full and fair adjudication of all issues, as the scope of trial allows for discovery, reconstruction of missing documents, and calling o…

Source excerpt

• Dispute Of Fact
• Ownership Of Shares
• Ownership Of Immovable Property
• Referral To Trial
• Trustee Authority

Dominican Congregation of ST Catherine of Siena of Newcastle v Minister of Public Works and Others

Dominican Congregation of ST Catherine of Siena of Newcastle v Minister of Public Works and Others [2023] ZAGPPHC 156; 10791/22 (28 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

10791/22

Judge

Kooverjie

The court held that the applicant acquired ownership of a portion of land by acquisitive prescription and that the State Land Disposal Act did not apply.

• Acquisitive Prescription
• State Land Disposal Act
• Universitas Personarum
• Ownership Of Immovable Property
• Acquisitive-prescription
• State-land-disposal-act

Joubert N.O v Soleil Kommadagga (Pty) Ltd and Others (1817/2020)

Joubert N.O v Soleil Kommadagga (Pty) Ltd and Others (1817/2020) [2023] ZAECMKHC 11 (26 January 2023)

Court

Eastern Cape High Court, Makhanda

Case number

1817/2020

Judge

Rugunanan

The application was dismissed on multiple grounds. Firstly, the application was a nullity as it was not brought by both duly appointed trustees of the Trust, violating the requirement that joint trustees act together. Secondly, the relief sought by the applicants was not competent in law. The court found that the transfer of the properties to Soleil Kommadagga (Pty) Ltd was not a simulated transaction; the parties intended to transfer ownership, and the applicants could not rely on their own alleged fraudulent conduct to obtain relief. The court held that section 31 of the Insolvency Act did…

Source excerpt

• Ownership Of Immovable Property
• Piercing Corporate Veil
• Collusive Disposition
• Bond Cancellation
• Trustee Powers
• Simulated Transaction

Mahosi and Another vs Afribiz Invest Collin and Others (033262/19)

Mahosi and Another vs Afribiz Invest Collin and Others (033262/19) [2022] ZAGPJHC 1032 (28 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

033262/19

Judge

Molahlehi

The court found that the immovable property and the cause of action arose in Limpopo Province. According to established legal principles, the court within whose territorial jurisdiction the property is situated has exclusive jurisdiction over disputes concerning title, ownership, possession, or real rights in immovable property. The South Gauteng High Court, Johannesburg, therefore lacks jurisdiction to entertain the dispute. The application was dismissed on this basis without consideration of the merits.

Source excerpt

• Territorial Jurisdiction
• Interdict
• Ownership Of Immovable Property
• Void Transfer
• Eviction

President of The Republic of South Africa and Others v Uniqon Developers (Pty) Ltd and Others (29940/22)

President of The Republic of South Africa and Others v Uniqon Developers (Pty) Ltd and Others (29940/22) [2022] ZAGPPHC 794 (24 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

29940/22

Judge

E van der Schyff

High Court dismissed an urgent application to stay execution pending rescission, finding no irreparable harm and noting the ownership and bond evidence.

• Stay Of Execution
• Rescission Of Judgment
• Mortgage Bond Cancellation
• Ownership Of Immovable Property
• Stay-of-execution
• Rescission-of-judgment

Sibiya N.O v Chabango and Others (75040/2015)

Sibiya N.O v Chabango and Others (75040/2015) [2020] ZAGPPHC 488 (28 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

75040/2015

Judge

Madiba SS

The High Court upheld a point in limine that the applicant lacked locus standi and dismissed the property challenge with costs.

• Locus Standi
• Joinder Of Parties
• Condonation
• Ownership Of Immovable Property
• Administration Of Estates Act
• Conversion Of Rights To Leasehold

Reiners and Others Die Pinkster Protestante Kerk and Another (A774/2016, 83902/2014)

Reiners and Others Die Pinkster Protestante Kerk and Another (A774/2016, 83902/2014) [2018] ZAGPPHC 354 (9 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

A774/2016, 83902/2014

Judges

H.J Fabricius, S. Potterill, D.S. Molefe

The High Court upheld an appeal against an order setting aside property transfers, holding that the court a quo decided the case on an unpleaded Alienation of Land Act issue.

• Ownership Of Immovable Property
• Alienation Of Land Act
• Motion Proceedings
• Pleadings And Issues
• Motion-proceedings
• Pleadings-and-issues

Nyathi and Others v Tenitor Properties (Pty) Ltd, In re: Tenitor Properties (Pty) Ltd v Nyathi and Others (06579/2015)

Nyathi and Others v Tenitor Properties (Pty) Ltd, In re: Tenitor Properties (Pty) Ltd v Nyathi and Others (06579/2015) [2015] ZAGPJHC 115 (9 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

06579/2015

Judges

SE Weiner, WHG van der Linde, Klein

The court found that the respondent had established exceptional circumstances justifying the execution of the eviction order pending appeal. The appellants' occupation was maintained by violence and a rent boycott, causing the respondent severe financial harm and threatening its continued existence. The respondent's ownership was proven by the title deed and registration, and the appellants failed to raise a bona fide dispute regarding ownership. The huur gaat voor koop rule applied, making the respondent the lawful landlord, and the continued occupation without payment was unjustified. The a…

Source excerpt

• Eviction
• Exceptional Circumstances
• Suspension Of Order Pending Appeal
• Ownership Of Immovable Property
• Huur Gaat Voor Koop
• Irreparable Harm