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South Africa decisions
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BAJ Manufacturing (Pty) Ltd t/a Plasti Part v Yntema N.O and Others (6140/21) [2022] ZAWCHC 275 (10 May 2022)
The High Court ordered transfer of Unit C5 to the applicant after finding a valid option exercise, no need for rectification, and repudiation by the respondents.
Coessa Development Consortium (Pty) Ltd v Clarence NO and Others (1977/2019) [2020] ZAWCHC 171 (2 December 2020)
The High Court held that a settlement agreement over transfer of an apartment was not binding because an intended signatory, DKVG, did not sign it.
Valashiya NO v Moroesi and Others (13985/2017) [2019] ZAGPJHC 292 (19 August 2019)
The High Court held that an executor’s transfer of estate property without a liquidation and distribution account was void and ordered re-registration in the deceased estate.
Agu v Krige and Others (20763/2017) [2019] ZAWCHC 46 (28 March 2019)
The court found that the deed of sale expressly required the applicant to pay the purchase price to the first respondent's nominated conveyancer, who was appointed by the first respondent and acted as his agent for receiving payment. Payment to the conveyancer was therefore equivalent to payment to the seller, and the applicant discharged her contractual obligation by making such payment. The misappropriation of funds by the conveyancer did not affect the applicant's entitlement to transfer, as she had no control over the process after payment and had complied with all contractual requirement…
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PBD Boeredienste (Pty) Ltd v Claassens N.O. and Others (2381/2014) [2015] ZAFSHC 218 (5 November 2015)
The court granted the first respondent leave to appeal a personal costs order, but refused the applicant’s cross-appeal against dismissal of its claim.
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