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South Africa decisions
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Austin and Another v Austin and Another (16438/2021) [2022] ZAWCHC 94 (4 April 2022)
Co-owners of inherited property sought immediate termination of co-ownership and sale. The court ordered an open-market sale, with auction as a fallback.
Mabusa v Mabusa and Others (2458/2012) [2012] ZAFSHC 187 (11 October 2012)
The court dismissed an urgent application to stop transfer of a former joint-estate property sold in liquidation, finding no prima facie right or irreparable harm.
Withok Small Farms (Pty) Ltd and Others v Amber Sunrise Properties 5 (Pty) Ltd (664/07) [2008] ZASCA 131; 2009 (2) SA 504 (SCA) ; [2009] 2 All SA 65 (SCA) (21 November 2008)
The court held that the auction documents created an option open for seven days, and the sellers’ signature within that period completed a valid sale.
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