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Land And Property [2017] ZASCA 129

eThekwini Municipality v Mounthaven (Pty) Ltd (1068/2016)

eThekwini Municipality v Mounthaven (Pty) Ltd (1068/2016) [2017] ZASCA 129; 2018 (1) SA 384 (SCA) (29 September 2017)

Court
Supreme Court of Appeal
Case number
1068/2016
Judges
Tshiqi, Seriti, Saldulker, Gorven, Ploos van Amstel

The Supreme Court of Appeal held that the Municipality's right to claim re-transfer of the property is a personal right, not a limited real right. The right is enforceable only against Mounthaven or its successors in title, not against the world at large. The claim for re-transfer constitutes a debt under Chapter III of the Prescription Act, as it is an obligation to do something (effect transfer of property) in favour of the Municipality. The claim prescribed after three years, and the alternative arguments advanced by the Municipality regarding mortgage bond security and continuing wrong we…

Source excerpt

  • Prescription Act
  • Reversionary Clause
  • Real Vs Personal Rights
  • Transfer Of Property
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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.

Source links and collection timestamps are retained alongside the indexed records.