South Africa Case Law

Road Accident Fund and Another v Discovery Health (Pty) Limited (2022/016179)

Road Accident Fund and Another v Discovery Health (Pty) Limited (2022/016179) [2023] ZAGPPHC 37 (23 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

2022/016179

Judge

Mnyovu

The court found that the applicant had a legally recognized interest in the property, having occupied it for decades, paid for its acquisition and development, and been listed as co-owner by the municipality. The evidence showed that the property was transferred between respondents without proper authority or notification to the applicant, amounting to a fraudulent transfer. The court held that the applicant met the requirements for declaratory relief, as the dispute was concrete and not hypothetical, and the applicant's interest was direct and substantial. The delay in bringing the applicati…

Source excerpt

• Declaratory Relief
• Fraudulent Transfer
• Conversion Of Rights
• Registration Of Title
• Municipal Clearance
• Delay In Proceedings

M v Magudulela and Others (2019/26963)

M v Magudulela and Others (2019/26963) [2021] ZAGPJHC 510 (28 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2019/26963

Judge

Turner AJ

The court found that the transfer of the property to the first respondent was effected pursuant to a fraudulent sale agreement in which T[....] impersonated the applicant. The applicant's entitlement to the property was confirmed by the Claassen J order, and her ownership was registered prior to the fraudulent transfer. The respondent was aware of the fraud and did not dispute the underlying facts. The applicant's claim is a rei vindicatio, asserting a real right to the property, and is not subject to prescription under the Prescription Act. The misdescription in the transfer papers did not c…

Source excerpt

• Fraudulent Transfer Of Property
• Rei Vindicatio
• Prescription Act
• Registration Of Title
• Service Of Process

Jonker v Thiebaut (1116/2018)

Jonker v Thiebaut (1116/2018) [2019] ZANCHC 16 (1 March 2019)

Court

Northern Cape High Court, Kimberley

Case number

1116/2018

Judge

Mamosebo

The court granted rei vindicatio relief, finding the applicant was the registered owner of two vehicles and that the respondent’s dispute of fact was not bona fide.

• Rei Vindicatio
• Ownership Of Movable Property
• Registration Of Title
• Dispute Of Fact In Motion Proceedings
• Rei-vindicatio
• Ownership-of-movable-property

Nyathikazi v Minister of Human Settlement and Others (18083/2015)

Nyathikazi v Minister of Human Settlement and Others (18083/2015) [2018] ZAGPJHC 83 (16 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

18083/2015

Judge

E Molahlehi

The High Court ordered transfer and registration of a municipal property into the applicant’s name under the Conversion Act, rejecting the municipality’s opposition.

• Conversion Of Rights To Ownership
• Registration Of Title
• Municipal Land Use
• Administrative Review
• Land-and-property
• Title-registration

Congregation Service Committee of the Jehovah's Witness Church Congregation-eNgcobo v eNgcobo Municipality and Others (4028/16)

Congregation Service Committee of the Jehovah's Witness Church Congregation-eNgcobo v eNgcobo Municipality and Others (4028/16) [2018] ZAECMHC 9 (20 February 2018)

Court

Eastern Cape High Court, Mthatha

Case number

4028/16

Judge

Nhlangulela

The court dismissed an application to set aside transfer and registration of erf 2216, finding no proved fraud, irregularity, or defective transfer intention.

• Transfer Of Immovable Property
• Registration Of Title
• Fraudulent Transfer
• Declaratory Relief
• Transfer-of-immovable-property
• Registration-of-title

Marneweck and Others v Shabalala and Others (A5030/13)

Marneweck and Others v Shabalala and Others (A5030/13) [2014] ZAGPJHC 85 (8 April 2014)

Court

South Gauteng High Court, Johannesburg

Case number

A5030/13

Judges

Monama, Moshidi, Louw

Appeal over property transfer held to be appealable; court found no genuine dispute of fact and set aside the dismissal of the motion.

• Registration Of Title
• Fraudulent Transfer
• Motion Proceedings
• Robust Approach
• Appealability Of Orders
• Conveyancer Liability

Astrail Aviation One Ltd v South African Civil Aviation Authority and Others (56638/13)

Astrail Aviation One Ltd v South African Civil Aviation Authority and Others (56638/13) [2013] ZAGPPHC 385 (18 November 2013)

Court

North Gauteng High Court, Pretoria

Case number

56638/13

Judge

Khumalo

The court dismissed an application to discharge an aircraft mortgage and register an aircraft in the applicant’s name, citing procedural and evidential defects.

• Aircraft Mortgage
• Ownership Transfer
• Liquidation Procedure
• Registration Of Title
• Aircraft-mortgage
• Aircraft-registration

Astrail Aviation One Ltd v South African Civil Aviation Authority and Others (56638/13)

Astrail Aviation One Ltd v South African Civil Aviation Authority and Others (56638/13) [2013] ZAGPPHC 449 (18 November 2013)

Court

North Gauteng High Court, Pretoria

Case number

56638/13

Judge

Khumalo

The High Court dismissed an application to discharge an aircraft mortgage and register an aircraft in the applicant’s name, citing procedural defects and missing evidence.

• Aircraft Mortgage
• Company Liquidation
• Ownership Transfer
• Registration Of Title
• Aircraft-mortgage
• Aircraft-registration

Old Time Ministries and Another v South African Evangelistic Mission (1618/2006)

Old Time Ministries and Another v South African Evangelistic Mission (1618/2006) [2012] ZAECGHC 104 (29 November 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

1618/2006

Judge

GG Goosen

The High Court dismissed an application to rescind a 2006 interdict and to transfer church property to the second applicant’s name, with costs.

• Rescission Of Judgment
• Ownership Dispute
• Registration Of Title
• Interdict
• Costs Order
• Rescission-of-judgment

Du Plessis v Prophitius and Another (204/08)

Du Plessis v Prophitius and Another (204/08) [2009] ZASCA 79; 2010 (1) SA 49 (SCA); [2009] 4 All SA 302 (SCA) (3 June 2009)

Court

Supreme Court of Appeal

Case number

204/08

Judges

NAVSA, VAN HEERDEN, PONNAN, SNYDERS, KROON

The Supreme Court of Appeal held that the trust, as transferor, had the requisite intention to transfer ownership to the respondents, as evidenced by resolutions and signed documents authorising the transfer. The abstract theory of transfer applies to immovable property, requiring both registration and a real agreement with intention. Fraudulent motive does not negate the existence of genuine intention to transfer ownership. The registration of title in the respondents' names was valid, and the appellant's claim to ownership failed. The appeal was dismissed with costs, except for the costs of…

Source excerpt

• Transfer Of Ownership
• Registration Of Title
• Fraudulent Intent
• Abstract Theory Of Transfer