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South Africa Case Law

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Commercial And Corporate [2024] ZAKZPHC 37

Toyota Financial Services v Enige Consulting Company (Pty) Ltd and Another (48/2022P)

Toyota Financial Services v Enige Consulting Company (Pty) Ltd and Another (48/2022P) [2024] ZAKZPHC 37 (19 February 2024)

The High Court ordered return of a financed Toyota Etios, finding defendants failed to prove the vehicle was destroyed or no longer in their possession.

  • Re Vindicatio
  • Burden Of Proof
  • Possession
  • Attorney And Client Costs
  • Rei-vindicatio
  • Burden-of-proof
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Land And Property [2022] ZAWCHC 276

Zato v Madikande and Others (349/21)

Zato v Madikande and Others (349/21) [2022] ZAWCHC 276 (9 February 2022)

The court found that the applicant intended to sell the property and signed all necessary documents for transfer. The transfer was registered and the purchase price paid. The alleged fraud by the estate agent did not affect the real agreement between the applicant and the first respondent. Section 28(2) of the Alienation of Land Act validated the transaction as the requirements for transfer and payment were met. The absence of witness signatures did not invalidate the agreement. The applicant's cancellation was neither communicated effectively nor accepted, and no grounds existed to reverse t…

  • Alienation Of Land Act
  • Transfer Of Immovable Property
  • Formalities Of Sale
  • Fraud In Property Transactions
  • Real Agreement
  • Re Vindicatio
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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.