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South Africa decisions
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Thabit and Others vs Muladzi and Others (30518/2020; 34521/2020) [2023] ZAGPJHC 251 (17 March 2023)
The High Court dismissed a declaratory claim over a property sale and upheld an eviction, finding the earlier sale was unregistered and gave only a personal right.
Humphries and Another v Import Export 2020 (Pty)Ltd (92006/2016) [2016] ZAGPPHC 805 (9 September 2016)
Leave to appeal was refused in a contract dispute over transfer registration, with the court holding that the respondent remained in mora and could not resist cancellation.
Saligee-Quickfall v Daniels And Others (12659/2011) [2015] ZAWCHC 115 (10 June 2015)
The court ordered transfer of immovable property to the plaintiff, finding the defendants had notice of her prior contractual right when transfer was registered.
Green v Pillay and Others (2314/2014) [2014] ZAKZDHC 56 (1 September 2014)
The applicant, as the registered owner of the property, established his entitlement to evict the first respondent, who failed to prove any lawful right to remain in occupation. The first respondent's alleged lifelong right of occupation was not registered as a usufruct or right of habitatio and, in any event, was contingent on caring for his mother, which terminated upon her death. The transfer of ownership to the applicant was valid under the abstract theory of transfer, as delivery and real agreement were present, and the death of a co-owner prior to registration did not invalidate the tran…
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Oreste v Devi and Another (17136/2007) [2014] ZAGPJHC 60 (4 April 2014)
The court held that the defendant's right to claim transfer of the immovable property under section 48(2) of the Abolition of Racially Based Land Measures Act is a personal right, not a real right. As such, it is subject to prescription under section 11(d) of the Prescription Act 68 of 1969, which prescribes a three-year period. The defendant failed to effect transfer within the statutory period and did not apply for an extension. The Supreme Court of Appeal and Constitutional Court have authoritatively held that such claims constitute debts subject to prescription. The defendant's reliance o…
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Basfour 2994 (Pty) Ltd v Registrar of Deeds: Bloemfontein (497/2014) [2014] ZAFSHC 38 (20 March 2014)
The court held that section 8(5) read with section 8(7) of the Free State Townships Ordinance 9 of 1969 does not prohibit contracts for the sale of land in a township to be established that are subject to suspensive conditions requiring fulfilment of statutory requirements. Such contracts do not come into force until the conditions are fulfilled, and therefore are not null and void. The Registrar of Deeds may not refuse to register transfers based on underlying deeds of sale subject to suspensive conditions once those conditions have been fulfilled. The resolution adopted at the Registrar's c…
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Jacobs v Maringa and Others (23269/2013) [2014] ZAGPPHC 84 (18 February 2014)
The court dismissed an application for declaratory relief, holding that the applicant lacked locus standi because he had no direct and substantial interest in the disputed sale.
Firstrand Bank Ltd v Slabbert and Others (5398/2011) [2013] ZAFSHC 30 (20 March 2013)
The court found that the authority of the deponent was not properly challenged in terms of rule 7(1), and that the application was prosecuted by attorneys whose authority was not disputed. The trust had no right to lease the property, was never the owner, and the applicant became the registered owner by deed of transfer. The 3rd respondent had no valid legal right to remain in occupation, having failed to pay rent for almost a year. The objections raised by the 3rd respondent regarding authority, sale notice, and transfer registration were without merit. Accordingly, the eviction order was gr…
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Dryer v Duncan and Others (3601/2009) [2010] ZAECPEHC 28 (15 June 2010)
The High Court granted an urgent spoliation order and interim interdict, restoring possession of the home and restraining transfer pending action.
Calcutt (Born Hyde) and Others v Maclean and Others (871/09) [2010] ZAECPEHC 9 (23 March 2010)
The court held that a first deed of donation was not cancelled, but novated by a later deed. It upheld transfer of Erf 125 and dismissed the application.
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