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South Africa decisions
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Dinah N.O and Another v Iginla and Others (063768/2023) [2024] ZAGPPHC 914 (10 September 2024)
The High Court dismissed leave to appeal against confirmation of an interim interdict, holding the order was not final and the property had not yet transferred.
Residual Debt Services Limited (Previously Registered as African Bank Limited and The African Bank Limited) v Company Unique Finance (Pty) Ltd and Others (Leave to Appeal) (33442/21) [2024] ZAGPPHC 53 (26 January 2024)
The High Court granted leave to appeal to the Full Court in a dispute over registration of ring-fenced properties transferred under the Banks Act.
Steenkamp N.O and Others v Rampai and Others (2478/2022) [2023] ZAFSHC 233 (15 June 2023)
The court found that the 1st to 3rd respondents obtained registration of the property through fraudulent misrepresentation to the Master of the High Court, falsely claiming to be the deceased's sisters and omitting the existence of the lawful heir. This fraud vitiated the registration, rendering it void ab initio. The respondents conceded the misrepresentation and acquiesced to the relief sought. Applying the principle that fraud unravels all, the court ordered cancellation of the title deed and restoration of the property to the deceased's estate for distribution in accordance with intestate…
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Tshabalala v Mbatha and Another (16/12525) [2021] ZAGPJHC 750 (23 November 2021)
Leave to appeal was dismissed as fatally defective and out of time, with costs. The court also found no basis to disturb its earlier order on the property dispute.
Malan v Syffert NO and Others (2444/14) [2015] ZAGPPHC 1119 (17 July 2015)
The High Court rectified a sale agreement and two deeds to reflect the true property intended to be sold, and dismissed a counter-application for eviction.
Naidoo and Another v Chetty and Others (6546/06) [2009] ZAKZPHC 84 (1 December 2009)
The court dismissed an application to register subdivided land and remove interdicts, holding that the applicants’ rights were contractual and transfer could not proceed.
Coloubrite Skilders en Binnehuis Versierders (Edms) Bpk v Trust and Others (609/1987) [1989] ZASCA 21 (23 March 1989)
The appeal was dismissed because the appellant failed to prove a common mistake in the sale and transfer of the disputed land portion.
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