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South Africa decisions
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Rapoo v Modise and Others (2019/19990) [2025] ZAGPJHC 391 (22 April 2025)
The High Court dismissed an application to cancel a deed of transfer because the applicant lacked standing to act for the deceased estates.
Langlaagte Truck And Car CC v 8 Mile Investments 539 (Pty) Ltd and Others (2024/007632) [2025] ZAGPJHC 254 (10 March 2025)
The court found that the Applicant acted in good faith, purchasing the property at auction and complying with all required legal processes before the property became bona vacantia due to the deregistration of 8 Mile Investments. The only defect was an incorrect property description, which was later rectified by a subsequent court order and addendum. The court held that reinstatement under section 83(4) of the Companies Act must have automatic retrospective effect, validating all corporate activities and revesting assets, including the property in question. The Respondent's objections regardin…
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Hart v Hart and Others (2453/2024) [2024] ZAWCHC 381; [2025] 1 All SA 373 (WCC); 2025 (3) SA 286 (WCC) (20 November 2024)
The court held that a widow under a special bequest could insist on selling the property and reinvesting the proceeds, subject only to the executors’ approval of the investment.
Seleka and Another v City Of Johannesburg Metropolitan Municipality and Another (20026/2019) [2023] ZAGPJHC 998 (31 August 2023)
The court found that both parties failed to comply strictly with procedural rules regarding late filing, but in the interests of fairness and given the applicants' circumstances, condonation was granted for both the answering and replying affidavits. On the merits, the applicants were not registered owners and thus not entitled to rebates or discounts under the Property Rates Policy. The respondent's conduct did not infringe the applicants' constitutional property rights, as their rights were contingent on the sale agreement and not yet realized. The respondent complied with section 118(3) of…
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SA AD Investments (Pty) Ltd and Others v Mogale City Local Municipality (2023/022072) [2023] ZAGPJHC 293 (27 March 2023)
The High Court ordered Mogale City to provide itemised municipal clearance figures limited to the statutory two-year period, and to issue a clearance certificate on payment.
Fourie v Olivier (36906/2019) [2022] ZAGPJHC 61 (12 February 2022)
The court referred a specific-performance dispute to trial because material factual disputes about a property-transfer agreement could not be resolved on affidavit.
Malebana v Jordan NO and Others (84931/2018) [2022] ZAGPPHC 76 (8 February 2022)
A divorce-related property dispute turned on whether payment for the home was first made to the nominated transferring attorneys under the liquidator’s terms.
D.F.S v M.N.S (55065/21) [2022] ZAGPPHC 43 (11 January 2022)
The High Court varied a settlement agreement over jointly owned property, set a buy-out and sale process, barred interference with marketing, and ordered costs against the respondent.
Hyde Construction CC v K2013046547 (South Africa) (Pty) Ltd and Others (9179/2019) [2020] ZAWCHC 31 (29 April 2020)
The court held that Blue Cloud was a trader under the Insolvency Act, set aside the property sale and bond registration as against Hyde Construction, and ordered costs.
Genuine Motors CC v F & J Familie Trust and Others (6381/2017) [2018] ZAFSHC 139 (20 September 2018)
The court found that the correct interpretation of section 118(1) of the Municipal Systems Act is that the obligation to pay rates and taxes is limited to the property to be transferred, not the entire remainder. The property in question had an independent existence for the purpose of obtaining a clearance certificate. However, the applicant failed to meet the requirements for a final interdict, particularly the existence of a clear right, as the charges for rates and taxes were disputed and the billing system was inaccurate. The responsibility to apply for clearance figures lies with the tra…
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