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K v M (2017/44428) [2018] ZAGPJHC 482 (11 July 2018)
The court held that parents held a house in trust for their minor daughter, deferred sale pending account-taking, and issued a rule nisi to rectify the deed.
Dosa v Government of the Republic of South Africa and Others (304/2015) [2016] ZALMPTHC 5 (4 February 2016)
The court found that the plaintiff's particulars of claim failed to set out sufficient facts to sustain a cause of action for rectification of the deed of grant or transfer of property. The plaintiff did not allege the circumstances under which the property was transferred to the fourth defendant, nor did it state whether the transfer was due to mistake, fraud, or corruption. The particulars of claim were vague and embarrassing, and did not provide a factual basis to challenge the validity of the transfer into the fourth defendant's name. As a result, the exception was upheld, and the plainti…
Source excerpt
Blumenthal v Harris (344/85) [1987] ZASCA 58 (27 May 1987)
The court upheld rectification of a deed of transfer after finding the parties intended to sell only the remainder of erf 10023, not the whole erf.
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