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South Africa decisions
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OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (4307/2022) [2025] ZALMPPHC 87 (6 May 2025)
The High Court declared two immovable properties specially executable to satisfy a judgment debt, rejecting non-joinder and estate-administration objections.
ABSA Bank Limited v L.G.C and Another (4631/2011) [2021] ZAGPPHC 328 (27 May 2021)
The court found that the second respondent's settlement agreement with the first respondent created only a personal right to claim transfer of the property, not a real right of ownership. Ownership of immovable property in South Africa is transferred only by registration in the Deeds Office, as required by section 16 of the Deeds Registries Act. The property remained registered in the name of the first respondent, who was legally competent to mortgage it. The second respondent did not take steps to register the property in her name, nor was the settlement agreement made an order of court. The…
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Firstrand Bank Limited v Mgedesi and Another (727/2016) [2019] ZAMPMHC 12 (5 June 2019)
The court held that a tenant occupying property subject to execution does not have a direct and substantial legal interest in proceedings to declare the property executable where the property is not the primary residence of the judgment debtor. The tenant's rights to occupation are protected under the PIE Act and Section 26 of the Constitution, which require a separate eviction process. Service of the application on the tenant is sufficient, and joinder is not required unless the tenant can demonstrate a direct and material interest in the litigation. The court distinguished the Schuurman jud…
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