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South Africa Case Law

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Civil Procedure [2017] ZAGPJHC 433

Uzima Property Investments 1 (Pty) Ltd v Masmagnet CC (45879/2016)

Uzima Property Investments 1 (Pty) Ltd v Masmagnet CC (45879/2016) [2017] ZAGPJHC 433 (13 November 2017)

High Court granted an amendment to a plea in a property dispute, holding that the proposed rectification raised a triable issue and would not be excipiable.

  • Amendment Of Pleadings
  • Rectification Of Contract
  • Alienation Of Land Act
  • Sectional Title
  • Contractual Interpretation
  • Amendment-of-pleadings
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Land And Property [2015] ZAGPJHC 122

Bernstein N.O and Another v Goldex 16 (Pty) Ltd and Another (2014/37846)

Bernstein N.O and Another v Goldex 16 (Pty) Ltd and Another (2014/37846) [2015] ZAGPJHC 122 (4 June 2015)

The court dismissed a specific performance claim over a boathouse, finding the agreement was vitiated by common mistake about its location and unenforceable on the pleaded facts.

  • Specific Performance
  • Common Mistake
  • Sectional Title
  • Contractual Consensus
  • Subdivision Of Agricultural Land Act
  • Specific-performance
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Land And Property [2010] ZAWCHC 57

La-opta (Pty) Ltd v Bartlett (17320/09)

La-opta (Pty) Ltd v Bartlett (17320/09) [2010] ZAWCHC 57 (25 March 2010)

A South African High Court refused rectification of a deed of sale for a property description error, finding no common mistake between the parties.

  • Rectification Of Contract
  • Common Mistake
  • Property Description
  • Sectional Title
  • Specific Performance
  • Rectification-of-contract
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Land And Property [2006] ZAGPHC 105

Kmatt Properties (Pty) Ltd v Sandton Square Portion 8 (Pty) Ltd and Another (06/21283)

Kmatt Properties (Pty) Ltd v Sandton Square Portion 8 (Pty) Ltd and Another (06/21283) [2006] ZAGPHC 105; [2007] 3 All SA 256 (W); 2007 (5) SA 475 (W) (8 December 2006)

The court held that exclusive use parking rights under the agreement were to be reserved through section 27A management rules, not section 27(1) notarial cession.

  • Sectional Title
  • Exclusive Use Rights
  • Contract Interpretation
  • Arbitration Clause
  • Rule 30 Irregular Step
  • Sectional-title
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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.