South Africa Case Law

Keewave Trading 373 CC and Others v Nthongoa and Others (4279/2023)

Keewave Trading 373 CC and Others v Nthongoa and Others (4279/2023) [2025] ZAFSHC 19 (30 January 2025)

Court

Free State High Court, Bloemfontein

Case number

4279/2023

Judge

P.J. Loubser

The court found that the property was purchased with the First Applicant's funds and was registered in the names of the First and Second Respondents only as a temporary measure pending reinstatement of the First Applicant. There was no valid resolution authorizing donation of the property to the First Respondent, and the Respondents' version of a donation was rejected as false and untenable. The First Respondent breached his fiduciary duty by failing to transfer the property back to the First Applicant upon its reinstatement and fraudulently misrepresented his entitlement to sell the property…

Source excerpt

• Fraudulent Transfer Of Property
• Deeds Registries Act
• Close Corporation Membership
• Authority To Institute Proceedings
• Fiduciary Duty
• Setting Aside Registration

Mohali v Mohali and Others (39683/2019)

Mohali v Mohali and Others (39683/2019) [2023] ZAGPJHC 44 (24 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

39683/2019

Judge

E Molahlehi

The High Court set aside the sale, transfer and registration of property after finding the first respondent fraudulently misrepresented ownership and lacked authority.

• Fraudulent Transfer Of Property
• Customary Marriage Recognition
• Declaratory Relief
• Executor Appointment
• Misrepresentation
• Setting Aside Registration