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South Africa Case Law

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Land And Property [2025] ZAGPJHC 772

Mofiko v Mthophe and Others (2024/044182)

Mofiko v Mthophe and Others (2024/044182) [2025] ZAGPJHC 772 (7 August 2025)

Eviction application dismissed because the respondent’s occupation remained lawful under an extant sale agreement and no lawful termination was shown.

  • Eviction
  • Unlawful Occupation
  • Sale Agreement
  • Alienation Of Land Act
  • Onus Of Proof
  • Unlawful-occupation
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Land And Property [2024] ZALMPPHC 172

Da Costa and Another v Sunset Game Lodge CC (9452/2023)

Da Costa and Another v Sunset Game Lodge CC (9452/2023) [2024] ZALMPPHC 172 (7 November 2024)

The court found that the sale agreement expressly reserved ownership of the vehicles to the applicants until the full purchase price was paid. The respondent failed to pay the full amount and attempted to set off unrelated expenses, which the court rejected. Ownership did not pass to the respondent, and their possession of the vehicles was unlawful. The applicants were entitled to the return of the vehicles under the rei vindicatio. The cancellation of the sale agreement was valid, as the breach was material and no demand was required due to the terms of the agreement. The respondent's counte…

  • Rei Vindicatio
  • Ownership Transfer
  • Sale Agreement
  • Specific Performance
  • Contract Cancellation
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Civil Procedure [2021] ZAGPJHC 697

Mckenzie Alman Construction CC v Basson and Others; Mckenzie Alman Construction CC v Ramsamy and Others (2020 / 24722; 2020 / 24721)

Mckenzie Alman Construction CC v Basson and Others; Mckenzie Alman Construction CC v Ramsamy and Others (2020 / 24722; 2020 / 24721) [2021] ZAGPJHC 697 (18 November 2021)

The High Court upheld an exception to particulars of claim arising from a property sale agreement, finding no cause of action against the second defendant.

  • Exception To Particulars Of Claim
  • Sale Agreement
  • Cause Of Action
  • Warranty Liability
  • Exception-to-particulars-of-claim
  • Sale-agreement
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Civil Procedure [2021] ZAGPJHC 433

Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020)

Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020) [2021] ZAGPJHC 433 (17 September 2021)

The High Court dismissed an unopposed application for leave to appeal, finding no reasonable prospect that another court would reach a different result.

  • Leave To Appeal
  • Reasonable Prospect Of Success
  • Eviction
  • Sale Agreement
  • Misdirection On Facts
  • Leave-to-appeal
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Competition Law [2011] ZACT 46

Dipula Property Fund (Pty) Ltd v Asakhe Realty Investment (42/LM/May11)

Dipula Property Fund (Pty) Ltd v Asakhe Realty Investment (42/LM/May11) [2011] ZACT 46 (7 July 2011)

The Competition Tribunal unconditionally approved Dipula Property Fund’s acquisition of Asakhe Realty Investment, finding no substantial competition or public interest concerns.

  • Merger Control
  • Market Share Analysis
  • Public Interest
  • Property Investment
  • Sale Agreement
  • Merger-control
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