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South Africa Case Law

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Civil Procedure [2025] ZAFSHC 114

Reenen Ranch CC v Van den Heever and Others (6311/2024)

Reenen Ranch CC v Van den Heever and Others (6311/2024) [2025] ZAFSHC 114 (11 April 2025)

The High Court dismissed an eviction application because the close corporation had not properly authorised the litigation before it was launched.

  • Prevention Of Illegal Eviction Act
  • Close Corporation Authority
  • Locus Standi
  • Resolution Requirement
  • Eviction Proceedings
  • Eviction
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Land And Property [2024] ZAFSHC 384

Setsoto Local Municipality v Moeletsane and Others (1227/2023)

Setsoto Local Municipality v Moeletsane and Others (1227/2023) [2024] ZAFSHC 384 (29 November 2024)

The High Court dismissed a municipality’s bid to cancel a deed of transfer, and also dismissed a postponement request, because the matter was unauthorised and based on hearsay.

  • Deed Of Transfer Cancellation
  • Municipal Authority
  • Hearsay Evidence
  • Resolution Requirement
  • Deed-of-transfer-cancellation
  • Municipal-authority
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Civil Procedure [2022] ZAGPJHC 778

Devrog Family Trust v Future Indefinite Investments 180 (PTY) Ltd; Devrog Family Trust and Others v Future Indefinite Investments 180 (PTY) Ltd and Another (2021/6789)

Devrog Family Trust v Future Indefinite Investments 180 (PTY) Ltd; Devrog Family Trust and Others v Future Indefinite Investments 180 (PTY) Ltd and Another (2021/6789) [2022] ZAGPJHC 778 (13 October 2022)

The High Court granted leave to appeal on whether the trust was validly bound and whether Covid-related supervening impossibility justified cancellation.

  • Specific Performance
  • Trustee Authority
  • Alienation Of Land Act
  • Supervening Impossibility
  • Non Joinder
  • Resolution Requirement
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Banking And Finance [2020] ZASCA 73

Tshaka N O and Others v Standard Bank of South Africa Limited and Another (141/2019)

Tshaka N O and Others v Standard Bank of South Africa Limited and Another (141/2019) [2020] ZASCA 73 (25 June 2020)

The Supreme Court of Appeal held that Standard Bank was not negligent in paying out trust funds on instructions from authorised signatories.

  • Mandate Of Bank
  • Trustee Joint Action
  • Negligence
  • Resolution Requirement
  • Banking-law
  • Trust-law
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Civil Procedure [2012] ZAWCHC 201

Body Corporate of the Peaks Sectional Title Scheme v Prinsloo NO and Another (7729/2012)

Body Corporate of the Peaks Sectional Title Scheme v Prinsloo NO and Another (7729/2012) [2012] ZAWCHC 201 (20 September 2012)

The High Court dismissed a provisional sequestration application because the body corporate had not proved a liquidated claim under the Insolvency Act.

  • Provisional Sequestration
  • Sectional Title Levies
  • Estoppel
  • Liquidated Claim Requirement
  • Resolution Requirement
  • Legal Costs Recovery
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Civil Procedure [2010] ZAFSHC 134

Steyn NO and Others v Blockpave (Pty) Ltd (2959/2010)

Steyn NO and Others v Blockpave (Pty) Ltd (2959/2010) [2010] ZAFSHC 134 (12 October 2010)

The court found that the Dries Steyn Trust was not properly before the court because no valid resolution was taken by the full complement of trustees to institute proceedings against the respondent. The minutes relied upon did not evidence a decision to sue, nor was there a written resolution signed by all trustees as required by the trust deed. The absence and subsequent resignation of the third trustee rendered the trust incapable of acting, as the minimum number of trustees required by the trust deed was not met and the replacement trustee had not yet been authorised by the Master. The spe…

  • Trustee Authority
  • Resolution Requirement
  • Special Power Of Attorney
  • Majority Vote In Trust
  • Quorum And Decision Making
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.