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South Africa Case Law

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Land And Property [2011] ZAECPEHC 33

Vorster and Others v Vorster and Others (1723/07)

Vorster and Others v Vorster and Others (1723/07) [2011] ZAECPEHC 33 (2 August 2011)

Court
Eastern Cape High Court, Port Elizabeth
Case number
1723/07
Judge
Z.M. Nhlangulela

High Court held a co-owner sale agreement over undivided property was null and void, and barred alienation pending final resolution of the partition dispute.

  • Alienation Of Land Act
  • Actio Communi Dividundo
  • Partition Of Joint Property
  • Interdict
  • Description Of Property In Sale
  • Specific Performance
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Land And Property [2011] ZAWCHC 233

Van Niekerk v Van Niekerk and Others (9093/07)

Van Niekerk v Van Niekerk and Others (9093/07) [2011] ZAWCHC 233 (23 May 2011)

Court
Western Cape High Court, Cape Town
Case number
9093/07
Judge
Sven Oliver

The court dismissed an application to partition jointly owned family properties, finding the proposed split arbitrary and inequitable given the usufruct and parties’ positions.

  • Partition Of Joint Property
  • Actio Communi Dividundo
  • Usufruct
  • Equitable Discretion
  • Valuation Dispute
  • Partition-of-joint-property
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.