South Africa Case Law

Sable Hills Home Owners' Association v Venter and Another (38024/2010)

Sable Hills Home Owners' Association v Venter and Another (38024/2010) [2016] ZAGPPHC 391 (9 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

38024/2010

Judge

C Pretorius

The court found that while the respondents failed to comply with the court order requiring the release of specified erven from mortgage bonds, the applicant did not prove beyond reasonable doubt that the non-compliance was wilful and mala fide. The respondents provided plausible explanations, including financial constraints and registration caveats, and demonstrated efforts to resolve the issues through attorney interactions and engagement with the Registrar of Deeds. The court held that the appropriate course of action for the respondents would have been to apply for relaxation of the order,…

Source excerpt

• Contempt Of Court
• Enforcement Of Court Orders
• Registration Of Usufruct
• Mortgage Bond Release

Nedbank Ltd v Venter NO and Others (15370/2012)

Nedbank Ltd v Venter NO and Others (15370/2012) [2013] ZAGPPHC 206 (26 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

15370/2012

Judge

A.A. Louw

The High Court ordered cancellation of fraudulently registered usufructs over two properties and referred the conveyancing attorney’s conduct for investigation.

• Mortgage Bond Cancellation
• Registration Of Usufruct
• Alienation Of Land Act
• Deeds Registries Act
• Fraudulent Registration
• Usufruct-cancellation