South Africa Case Law

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025)

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025) [2025] ZAGPPHC 750 (23 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

111146/2025

Judge

Ferreira AJ

The court found that the applicants failed to establish a prima facie right to the property, as ownership is determined by registration and the title deed stands in the name of the first respondent. The eviction order was lawfully obtained and executed, and is subject to appeal but remains valid and enforceable until set aside. The alleged deregistration of the first respondent was not proven to have complied with statutory requirements, and in any event, does not affect the validity of the title or the eviction order. The applicants' contradictory claims regarding ownership and bona vacantia…

Source excerpt

• Eviction Order
• Interim Interdict
• Spoliation
• Ownership Registration
• Company Deregistration

Gifprops (Proprietary) Limited v Gordon N.O. and Another (17417/2012)

Gifprops (Proprietary) Limited v Gordon N.O. and Another (17417/2012) [2014] ZAGPJHC 183 (18 August 2014)

Court

South Gauteng High Court, Johannesburg

Case number

17417/2012

Judge

Opperman

The court dismissed a claim that a property registered in the deceased’s name belonged to the applicant, and ordered Ms Silcock to vacate the property.

• Transfer Of Immovable Property
• Ownership Registration
• Eviction
• Doctrine Of Notice
• Suspensive Conditions
• Hearsay Evidence

Marais v Van Deventer NO and Others (1671/07)

Marais v Van Deventer NO and Others (1671/07) [2008] ZANCHC 44 (26 September 2008)

Court

Northern Cape High Court, Kimberley

Case number

1671/07

Judge

Majiedt R

The High Court upheld an exception to a trust’s conditional enrichment counterclaim concerning improvements to its own immovable property.

• Enrichment Action
• Conditional Counterclaim
• Transfer Of Immovable Property
• Ownership Registration
• Enrichment-action
• Conditional-counterclaim