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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 409

Breytenbach N.O. and Another v Ellison and Another (84994/2019)

Breytenbach N.O. and Another v Ellison and Another (84994/2019) [2022] ZAGPPHC 409 (17 June 2022)

Court
North Gauteng High Court, Pretoria
Case number
84994/2019
Judge
Collis

The court found that the order of Kollapen J dated 12 April 2018 empowered the applicants, as trustees, to administer and realise all assets of the first respondent in South Africa, including the immovable property at Dam Road, Waterkloof, Pretoria. The property was specifically identified in the proceedings before Kollapen J and was registered in the respondent's name at the time of the order. The respondent's arguments regarding rehabilitation under section 127A of the Insolvency Act and exclusion of the property from the estate were rejected, as the recognition order did not constitute a S…

Source excerpt

  • Eviction Proceedings
  • Insolvency Trustee Powers
  • Rehabilitation Under Insolvency Act
  • Recognition Of Foreign Insolvency
  • Just And Equitable Eviction
  • Pie Act Requirements
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Land And Property [2014] ZAFSHC 175

Motete and Another v Mogorosi (A20/2014)

Motete and Another v Mogorosi (A20/2014) [2014] ZAFSHC 175 (18 September 2014)

Court
Free State High Court, Bloemfontein
Case number
A20/2014
Judges
Motloung, Rampai

The court held that the respondent was neither the registered owner nor the person in charge of the property as defined in the PIE Act. The Deed of Sale relied upon by the respondent was invalid, as it did not comply with section 22 of the North-West Housing Corporation Act, lacking the required signatures and authorization. Without a valid Deed of Sale and absent registration of the property in the respondent's name, he could not acquire locus standi to institute eviction proceedings. The magistrate erred in finding otherwise, and the respondent's application was fundamentally defective for…

Source excerpt

  • Eviction Proceedings
  • Locus Standi
  • Pie Act Requirements
  • Validity Of Deed Of Sale
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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.