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South Africa decisions
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J.G.C v G.A.C (Appeal) (CA139/2023) [2025] ZAECMKHC 44 (13 May 2025)
The High Court upheld an appeal against an order compelling sale of jointly owned former matrimonial property, finding no proven breach of the deed of settlement.
P4 Boerdery (Pty) Ltd v Unknown Persons at Portion 2 of Farm Welgedacht 3349 Normandien and Others (LCC77/2024) [2024] ZALCC 33 (11 October 2024)
The Land Claims Court limited respondents’ homestead occupation pending a labour tenancy claim, allowing periodic sleepovers for cattle care but barring permanent residence.
Ndlovu and Another v Nwaeze and Others (3010/2015) [2024] ZAGPJHC 761 (21 August 2024)
The court found that the contract between the applicants and the third respondent was cancelled as far back as June 2008, and this cancellation was communicated and later affirmed in the 2009 judgment of Makgoka J, although not formally ordered. The applicants failed to comply with their obligations under the contract and with subsequent court directives, including making payment arrangements by the cutoff date of 31 March 2010. The sale in execution and transfer of the property to the first respondent were conducted pursuant to valid court orders, and the sheriff acted lawfully. The Alienati…
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Marindafontein (Pty) Ltd v Stepforth and Another (2022/033875) [2023] ZAGPJHC 1406 (5 December 2023)
The High Court dismissed leave to appeal against an eviction order, finding no reasonable prospect of success under section 17(1) of the Superior Courts Act.
Mitchell v Basson N.O and Others (B40218/2022) [2023] ZAGPPHC 1849 (30 October 2023)
The High Court granted interim protection over a Southdowns property and ordered sale proceeds held in trust pending related litigation.
Fountain Impactors Church v Here is Life Ministries and Another (15/2021P) [2022] ZAKZPHC 62 (24 October 2022)
The applicant failed to establish any legal right to occupy the property or church building to the exclusion of the first respondent. The first respondent, as a universitas and registered non-profit organisation, holds its assets and rights separately from its members. The applicant's reliance on a 'permit to occupy' issued by a ward councillor was misplaced, as the document did not confer any legal right or authority to occupy the property. The funds donated for the construction of the church were given to the first respondent, not the applicant, and the change in membership does not transfe…
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De Wet N.O and Another v Geffen and Others (6504/2019) [2022] ZAGPJHC 725 (27 September 2022)
The court found that although the section 4(2) notice under the PIE Act was procedurally defective, substantial compliance was achieved and the respondents were afforded the opportunity to present their case. The respondents' claim to a right of occupation based on an alleged agreement with the liquidators was rejected as far-fetched and unsupported by the evidence. The court considered all relevant circumstances, including the respondents' age, health, and financial position. It was established that the respondents are persons of considerable wealth, owning multiple residential and commercia…
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Flower Foundation Pretoria Homes for the Aged NPC v Registrar of Deeds, Pretoria and Others (942/2020) [2022] ZASCA 8; 2022 (6) SA 99 (SCA) (20 January 2022)
The SCA held that a housing development scheme covered the entire property, so selling part of it required 75% consent from life-right holders under s 4B.
Jomaur Investments CC v Caltex Premier Service Station CC (40176/2018) [2019] ZAGPJHC 419 (29 April 2019)
The High Court granted a rei vindicatio and ordered the respondent to vacate the property after finding no valid right of occupation or enrichment lien.
Makhathini v Gwala and Another (22180/2016) [2018] ZAGPJHC 586 (31 October 2018)
The court postponed an unopposed application for oral evidence because the papers were too thin to decide the parties’ relationship and property rights.
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