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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 198

Sekoati v Standard Bank of South Africa Ltd and Others (36232/2013)

Sekoati v Standard Bank of South Africa Ltd and Others (36232/2013) [2025] ZAGPPHC 198 (24 February 2025)

The High Court held that summons was not validly served after the deceased’s chosen domicilium lapsed, rendering the default judgment and later sale in execution invalid.

  • Service Of Process
  • Default Judgment
  • Sale In Execution
  • Domicilium Citandi Et Executandi
  • Setting Aside Transfer
  • Section 34 Constitution
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Land And Property [2024] ZAGPJHC 1148

Rashied and Another v CLIOV 6 (Pty) Ltd and Others (063600/2023)

Rashied and Another v CLIOV 6 (Pty) Ltd and Others (063600/2023) [2024] ZAGPJHC 1148 (8 November 2024)

The High Court dismissed an application to set aside property transfers and sale agreements, holding the matter involved factual disputes unsuitable for motion proceedings.

  • Setting Aside Transfer
  • Joinder
  • Removal Of Executor
  • Condonation Of Late Filing
  • Motion-proceedings
  • Property-transfer
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Land And Property [2024] ZAGPJHC 484

Nkosi and Others v Tshitangoni and Others (9767/2018)

Nkosi and Others v Tshitangoni and Others (9767/2018) [2024] ZAGPJHC 484 (15 May 2024)

The High Court postponed an estate-and-property dispute sine die, allowed supplementary affidavits, and reserved costs pending disclosure of key documents.

  • Estate Administration
  • Setting Aside Transfer
  • Executor Appointment
  • Fraudulent Transfer
  • Estate-administration
  • Executor-appointment
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Land And Property [2023] ZAKZPHC 47

Nedbank Limited v Rossiter Family Trust and Another (6076/2021P;3293/2021P)

Nedbank Limited v Rossiter Family Trust and Another (6076/2021P;3293/2021P) [2023] ZAKZPHC 47 (8 May 2023)

The High Court granted Nedbank an eviction order against the Rossiter Family Trust and Gail Wingrove Rossiter after finding them unlawful occupiers.

  • Eviction Under Pie Act
  • Sale In Execution
  • Ownership Dispute
  • Setting Aside Transfer
  • Eviction-under-pie-act
  • Sale-in-execution
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Civil Procedure [2017] ZAGPPHC 178

Nkanyani v Nedbank Limited and Others (20832/12)

Nkanyani v Nedbank Limited and Others (20832/12) [2017] ZAGPPHC 178 (14 March 2017)

The High Court dismissed a bid to set aside a sale-in-execution and transfer of property, but ordered Nedbank to render a proper accounting of sale proceeds.

  • Sale In Execution
  • Setting Aside Transfer
  • Accounting Of Proceeds
  • Warrant Of Execution
  • Costs Order
  • Sale-in-execution
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Land And Property [2015] ZAGPPHC 92

Ndala and Another v Moleele and Others (69254/2011)

Ndala and Another v Moleele and Others (69254/2011) [2015] ZAGPPHC 92 (13 February 2015)

The court found that the Moleeles had complied with the Deed of Settlement by providing a bank guarantee cheque for R220,000.00 timeously, and that the Deed of Settlement and interim interdict remained operative. The subsequent transfer of the property to the Ndalas was irregular and void, as the Ndalas and their attorney were aware of the prior agreement and court order. The application for eviction by the Ndalas was dismissed, and the transfer in their favour was ordered to be cancelled. The conduct of the Mabuas and Ndalas, while irregular, did not amount to contempt of court as wilfulness…

  • Double Sale
  • Transfer Of Property
  • Contempt Of Court
  • Setting Aside Transfer
  • Costs Order
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Civil Procedure [2013] ZAGPPHC 518

Ramesti and Another v Absa Bank Ltd and Others (61276/2013)

Ramesti and Another v Absa Bank Ltd and Others (61276/2013) [2013] ZAGPPHC 518 (17 October 2013)

An urgent application to set aside sale and subsequent transfers of immovable property was dismissed for procedural defects, non-joinder, and insufficient evidence.

  • Sale In Execution
  • Setting Aside Transfer
  • Urgent Application
  • Non Joinder
  • Res Judicata
  • Sale-in-execution
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Land And Property [2012] ZAGPJHC 206

Makhubo and Another v Maluleke and Others (22297/2011)

Makhubo and Another v Maluleke and Others (22297/2011) [2012] ZAGPJHC 206 (10 October 2012)

High Court set aside fraudulent transfers of an occupied Soweto property, ordered cancellation of the deed, and directed a provincial enquiry into ownership.

  • Conversion Of Rights To Ownership
  • Fraudulent Transfer
  • Deeds Registry Act
  • Section 2 Enquiry
  • Setting Aside Transfer
  • Locus Standi
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Land And Property [2012] ZASCA 135

Du Plooy and Another v Du Plooy and Others (417/11)

Du Plooy and Another v Du Plooy and Others (417/11) [2012] ZASCA 135; [2012] 4 All SA 239 (SCA) (27 September 2012)

The SCA held that Robert Du Plooy held the houses as nominee for his siblings and could not alienate them without consent; the transfer to the buyer was set aside.

  • Nominee Ownership
  • Family Property Dispute
  • Alienation Of Land
  • Interdict
  • Setting Aside Transfer
  • Nominee-ownership
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Family And Children [2009] ZAGPPHC 95

Voster v Voster and Others (36025/09)

Voster v Voster and Others (36025/09) [2009] ZAGPPHC 95 (3 July 2009)

The High Court found an urgent matrimonial property dispute and set aside an unconsented transfer of a member interest from the joint estate.

  • Matrimonial Property Act
  • Division Of Joint Estate
  • Urgent Interdict
  • Setting Aside Transfer
  • Condonation Of Non Compliance
  • Matrimonial-property-act
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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.