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South Africa Case Law

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Land And Property [2024] ZALCC 24

Mtshali v Bencor Eiendoms (Pty) Ltd and Another (LCC39/2024)

Mtshali v Bencor Eiendoms (Pty) Ltd and Another (LCC39/2024) [2024] ZALCC 24 (18 July 2024)

Court
Land Claims Court
Case number
LCC39/2024
Judge
Ncube

The applicant does not reside on Lowlands Farm but at Roode Poort Spruyt, where he has established a permanent homestead. Therefore, he is not an occupier of Lowlands Farm under ESTA and is not entitled to protection as such. Even if he were an occupier, the right to graze livestock on another's land is a personal right dependent on the owner's consent, which was withdrawn and not renewed. The applicant failed to prove entitlement to the relief sought.

Source excerpt

  • Extension Of Security Of Tenure Act
  • Occupier Definition
  • Grazing Rights
  • Personal Rights
  • Consent To Graze
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Civil Procedure [2005] ZALC 38

Taylor v Vilancula and Others (J4324/99)

Taylor v Vilancula and Others (J4324/99) [2005] ZALC 38; (2005) 26 ILJ 145 (LC) (19 January 2005)

Court
Labour Court
Case number
J4324/99
Judge
Waglay

The court found that the sheriff failed to comply with Rule 45 of the High Court Rules by not demanding satisfaction of the writ from the applicant and not notifying her of the attachment of her incorporeal property. This procedural non-compliance rendered the attachment and subsequent sale invalid. Furthermore, the court held that maintenance claims, even if accrued, are so personal in nature that they cannot be attached, sold, or ceded in execution proceedings. The court was not satisfied that the maintenance claim, whether due or not, could be deprived from the applicant and her children t…

Source excerpt

  • Writ Of Execution
  • Attachment Of Property
  • Maintenance Claim
  • Incorporeal Property
  • Personal Rights
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Commercial And Corporate [2001] ZASCA 69

Cussons and Others v Kroon (254/98)

Cussons and Others v Kroon (254/98) [2001] ZASCA 69; [2002] 1 All SA 361 (A); 2001 (4) SA 833 (SCA) (28 May 2001)

Court
Supreme Court of Appeal
Case number
254/98
Judges
Smalberger, Zulman, Streicher, Mthiyane, Chetty

The Supreme Court of Appeal held that the farm was indeed a partnership asset, as evidenced by the written and oral agreements between the parties. The registration of the farm in the name of one partner was a matter of convenience and did not affect the underlying intention. Section 3(b) of the Subdivision of Agricultural Land Act 70 of 1970 did not render the agreement void, as the parties did not intend to transfer an undivided share in the land. The respondent had a personal right against the second appellant, requiring his consent for any sale of the farm. The doctrine of knowledge was a…

Source excerpt

  • Partnership Assets
  • Sale Of Land
  • Personal Rights
  • Knowledge Doctrine
  • Invalidity Of Contract
  • Costs Award
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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.