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South Africa decisions
Decisions matching the current search
Ngcwabe v Nontenja and Others (2359/2013) [2015] ZAECPEHC 30 (30 April 2015)
Rescission application dismissed for unreasonable delay and no bona fide defence. The court found the applicant knew of a prior sale of the property.
Fegen and Another v Mphakathi (348/2012) [2013] ZASCA 100 (9 September 2013)
The Supreme Court of Appeal dismissed an appeal over successive sales of immovable property, finding prescription was interrupted and the second purchasers had knowledge of the prior sale.
Cosira Developments (Pty) Ltd v Sam Lubbe Investments CC t/a Lubbe Construction and Others (09/20062) [2011] ZAGPJHC 110; 2011 (6) SA 331 (GSJ) (9 September 2011)
The High Court held that the applicant lacked privity of contract and locus standi to seek specific performance against the council in a successive sale dispute.
Bowring NO v Vrededorp Properties CC (271/2006) [2007] ZASCA 80; 2007 (5) SA 391 (SCA) (31 May 2007)
The SCA held that notice can justify direct transfer from a later purchaser in successive sales, and that non-joinder failed absent prejudice.
Ingledew v Theodosiou and Another (33333/97 , 97/33333) [2006] ZAGPHC 62; 2006 (5) SA 462 (W) (15 June 2006)
The court ordered transfer of Clifton property to the plaintiff, holding the later Wilson agreement could not defeat the earlier Ingledew agreement.
Krauze v Van Wyk en Andere (95/85) [1985] ZASCA 79; [1986] 1 All SA 293 (A) (12 September 1985)
The court held that an earlier pre-emption right retained priority over a later competing option and granted an interim interdict pending the appellant’s action for transfer.
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