South Africa Case Law

Moshodi and Others v Sebotsa and Others (2596/2017)

Moshodi and Others v Sebotsa and Others (2596/2017) [2018] ZAFSHC 124 (14 August 2018)

Court

Free State High Court, Bloemfontein

Case number

2596/2017

Judge

B Lefenya

The court found that the applicants had established, on a balance of probabilities, that they had occupied the property for a considerable period prior to its registration and transfer into the respondents' names. The respondents failed to provide affidavits or proof supporting the legitimacy of their title deed or to effectively challenge the applicants' claim of long-term occupation. However, the applicants' evidence was also insufficient to conclusively reject the authenticity of the respondents' title deed. The court concluded that neither party had established a clear legal right to owne…

Source excerpt

• Title Deed Cancellation
• Long Term Possession
• Registration Of Land
• Proof Of Ownership

Minister of Human Settlements, Western Cape Government v Bamba and Others (619/2015)

Minister of Human Settlements, Western Cape Government v Bamba and Others (619/2015) [2015] ZAWCHC 164 (29 October 2015)

Court

Western Cape High Court, Cape Town

Case number

619/2015

Judge

Riley

The High Court ordered renumbering of mistaken erven in Philippi so title deeds match occupation, with related amendments to the general plan and deeds.

• Rectification Of Title Deeds
• Registration Of Land
• Deeds Registries Act
• Surveying Errors
• Public Open Space
• Mortgage Bond Cancellation

Fourie v Bekker NO and Others (182/08)

Fourie v Bekker NO and Others (182/08) [2009] ZASCA 12; [2009] 3 All SA 19 (SCA) (17 March 2009)

Court

Supreme Court of Appeal

Case number

182/08

Judges

Harms, Farlam, Navsa, van Heerden, Snyders

The Supreme Court of Appeal dismissed an appeal against an order enforcing transfer of a land portion and related water rights, rejecting arguments on invalidity and vagueness.

• Validity Of Sale Agreement
• Specific Performance
• Registration Of Land
• Subdivision Requirements
• Land-sale-agreement
• Specific-performance

Setsing Shopping centre (Pty) Ltd v Khan N.O and and Another (4480/2005)

Setsing Shopping centre (Pty) Ltd v Khan N.O and and Another (4480/2005) [2005] ZAFSHC 156 (18 December 2005)

Court

Free State High Court, Bloemfontein

Case number

4480/2005

Judge

G.A. Hattingh

High Court matter confirming a rule nisi against respondents who built on registered land, rejecting reliance on the Interim Protection of Informal Land Rights Act.

• Interdict
• Possession
• Informal Land Rights Act
• Ownership
• Registration Of Land
• Informal-land-rights-act