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South Africa Case Law

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Civil Procedure [2017] ZAGPPHC 155

Chikala and Others v Tovani Trading 269 CC and Others (56834/15)

Chikala and Others v Tovani Trading 269 CC and Others (56834/15) [2017] ZAGPPHC 155 (15 March 2017)

The court set aside a sale in execution after finding a resolutive condition in the sale terms had been fulfilled, making the transfer invalid.

  • Sale In Execution
  • Attachment Of Immovable Property
  • Resolutive Condition
  • Unjust Enrichment
  • Transfer Of Property
  • Rule 46 Procedure
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Civil Procedure [2015] ZAGPPHC 306

Sheriff of the High Court Johannesburg South v Kalala, In Re: Standard Bank of South Africa Ltd v Nsele and Others (22740/2013)

Sheriff of the High Court Johannesburg South v Kalala, In Re: Standard Bank of South Africa Ltd v Nsele and Others (22740/2013) [2015] ZAGPPHC 306 (13 May 2015)

The court cancelled a sale in execution after the purchaser failed to provide guarantees, held the deposit could be retained pending loss quantification, and ordered costs against the respondent.

  • Sale In Execution
  • Rule 46 Procedure
  • Deposit Retention
  • Forfeiture Of Deposit
  • Costs Order
  • Sale-in-execution
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Land And Property [2011] ZANWHC 51

First Rand Bank Ltd (Formerly known as First National Bank of South Africa) v Aucamp and Others (510/2011)

First Rand Bank Ltd (Formerly known as First National Bank of South Africa) v Aucamp and Others (510/2011) [2011] ZANWHC 51 (1 September 2011)

The court awarded damages to the bank after the respondents defaulted on a judicial sale and the property was resold at a lower price.

  • Judicial Sale
  • Damages For Breach Of Contract
  • Rule 46 Procedure
  • Mitigation Of Loss
  • Judicial-sale
  • Damages-for-breach-of-contract
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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.