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South Africa decisions
Decisions matching the current search
Ndebele and Another v Industrial Development Corporation of South Africa and Others (2021/21687) [2024] ZAGPJHC 470 (10 May 2024)
Leave to appeal was dismissed. The court held the new pactum commissorium argument could not fairly be raised on appeal and would not likely succeed.
Hatting v Marule N.O and Others (1863/2022) [2024] ZAMPMHC 22 (8 March 2024)
The High Court dismissed an application to compel trustees to transfer trust property as security, holding that automatic transfer would amount to a void pactum commissorium.
Motsima and Another v Kopa and Others - Appeal (A90/2021; 2122/2019) [2023] ZAFSHC 260 (30 June 2023)
The High Court dismissed a condonation application to reinstate a lapsed appeal over property transfers, finding the delay inadequately explained and prospects poor.
Leta v Bennet and Others (23639/2015) [2019] ZAGPPHC 329 (30 July 2019)
The court found that, although the applicant claimed to have been misled into believing she was entering into a loan agreement, the objective evidence indicated she knowingly entered into a sale agreement with the option to repurchase the property. The documents signed by the applicant, including the sale agreement, transfer documents, and lease agreement, clearly indicated a sale and transfer of ownership. The applicant's own correspondence prior to learning of the Moore judgment reflected her understanding that she was selling the property with the expectation of repurchasing it later, not…
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Motsima and Another v Kopa and Others (2296/2019) [2019] ZAFSHC 113 (4 July 2019)
The High Court granted an interim interdict stopping transfer and registration of a property pending a main action over the alleged sale and repurchase arrangement.
Dolphin Whisper Trading (Pty) Ltd v Born Free Investments 568 (Pty) Ltd (38117/15) [2016] ZAGPPHC 224 (24 March 2016)
The High Court dismissed an application for transfer or payment after finding the applicant lacked locus standi because its claim had been ceded to another company.
Morley v Lambrechts (A 526/2013) [2014] ZAWCHC 124 (21 August 2014)
The High Court held that a disguised sale, lease and buy-back scheme over a home was contrary to public policy and void ab initio.
Ditshego and Others v Brusson Finance (Pty) Ltd and Others (5144/2009) [2010] ZAFSHC 68 (22 July 2010)
High Court held that a home-finance structure was a single unlawful credit transaction, declared the agreements void, and ordered restitution.
Cherangani Trade and Investment 107 (Edms) Bpk v Mason NO and Others (6712/2008) [2009] ZAFSHC 30 (12 March 2009)
The court found that the applicant failed to comply with the mandatory requirements of section 97 of the Deeds Registries Act, rendering the application for transfer of immovable property fatally defective. The agreements between the applicant and respondents, particularly the sale agreement, constituted a classic pactum commissorium, as they allowed the applicant to acquire ownership of the properties upon default without judicial intervention. Such arrangements are void and unenforceable as a matter of public policy. Furthermore, the loan agreement with the fourth respondent was unlawful un…
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Saffy NO and Others v Viljoen NO and Others (A258/2002) [2006] ZAFSHC 71 (25 May 2006)
The High Court held that a written trustee resolution signed by all trustees validly authorised the option agreement, and that pactum commissorium did not apply.
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