South Africa Case Law

Maoba v Mohono and Others (286/2021)

Maoba v Mohono and Others (286/2021) [2022] ZAFSHC 73 (20 January 2022)

Court

Free State High Court, Bloemfontein

Case number

286/2021

Judge

Mzana AJ

The court found that the applicant failed to provide any written agreement or documentation authorising Mr Sekete to sell the property on behalf of the municipality. The purported sale did not comply with the formalities required by the Alienation of Land Act, rendering it void and unenforceable. The applicant did not purchase the property from the lawful owner and did not ensure registration of the deed of transfer in his name. Payment of rates and taxes does not confer ownership. Consequently, the applicant has no legal right to claim ownership or compel transfer of the property. The applic…

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• Alienation Of Land Act
• Formalities Of Sale Of Land
• Void Contract
• Transfer Of Property
• Title Deeds

Mahlangu v Mahlangu and Others (19060/2015)

Mahlangu v Mahlangu and Others (19060/2015) [2016] ZAGPPHC 14 (15 January 2016)

Court

North Gauteng High Court, Pretoria

Case number

19060/2015

Judge

N Mavundla

High Court property dispute: applicant declared sole owner after long occupation, improvements, and acquiescence justified departure from the priority rule.

• Double Transfer
• Priority Rule
• Title Deeds
• Rectification Of Registry
• Attorney And Client Costs
• Property-law

Nyandeni Local municipality v Ndamase and Others (1937/2012)

Nyandeni Local municipality v Ndamase and Others (1937/2012) [2013] ZAECMHC 38 (12 December 2013)

Court

Eastern Cape High Court, Mthatha

Case number

1937/2012

Judge

Griffiths

The applicant remains the registered owner of the property and is entitled to protection of its rights until transfer to the Communal Property Association is effected. The respondents have not established any right to possession or allocation of the property. However, there is a material dispute of fact regarding whether the first, second, and fifth respondents were involved in the land invasion or allocation of plots. As this dispute cannot be resolved on the papers and no oral evidence was requested, the court must resolve the issue in favour of the respondents. The rule nisi is therefore c…

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• Interdict
• Revival Of Rule Nisi
• Locus Standi
• Title Deeds
• Land Invasion

Goolam v Pristina Investments CC and Others (63204/2013)

Goolam v Pristina Investments CC and Others (63204/2013) [2013] ZAGPPHC 457; [2014] 2 All SA 312 (GNP); [2014] 2 All SA 312 (GNP) (11 November 2013)

Court

North Gauteng High Court, Pretoria

Case number

63204/2013

Judge

MNGQIBISA-THUSI

The High Court granted an interim interdict stopping transfer of two Duncanville properties pending Part B, ordered security and indemnity, and reserved costs.

• Interim Interdict
• Joinder Of Parties
• Security For Costs
• Title Deeds
• National Credit Act
• Interim-interdict

Transnet SOC Ltd v Husselman and Others (1302/2012)

Transnet SOC Ltd v Husselman and Others (1302/2012) [2012] ZANCHC 44 (21 September 2012)

Court

Northern Cape High Court, Kimberley

Case number

1302/2012

Judge

KGOMO JP

The court found that Transnet, as the registered owner of the land on which the crusher-waste stockpile is situated, enjoys a presumption of ownership over the stockpile. The respondents failed to produce authentic documentation to support their claim of ownership, and the letter relied upon by Husselmann was found to be prima facie fraudulent. The respondents did not possess the necessary permits under the Minerals and Petroleum Resources Act to remove the crusher-waste, and their claim of acquisitive prescription was not substantiated by evidence of physical possession. The requirements for…

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• Interim Interdict
• Ownership Of Minerals
• Acquisitive Prescription
• Mineral And Petroleum Resources Act
• Title Deeds
• Forensic Document Examination

Van Der Merwe v Conroy (A950/08, 50436/2007)

Van Der Merwe v Conroy (A950/08, 50436/2007) [2011] ZAGPPHC 172 (16 September 2011)

Court

North Gauteng High Court, Pretoria

Case number

A950/08, 50436/2007

Judges

Zondo, Legodi

Appeal in a servitude dispute succeeded because the trial court wrongly admitted uncertified documents to prove ownership and the servitude.

• Admissibility Of Evidence
• Servitude Right Of Way
• Certified Copies
• Title Deeds
• Interdict
• Costs Award

Thessalonicense Sendingskerk van Christus in S.A v De Kock en Ander (7729/2007)

Thessalonicense Sendingskerk van Christus in S.A v De Kock en Ander (7729/2007) [2010] ZAWCHC 540 (10 November 2010)

Court

Western Cape High Court, Cape Town

Case number

7729/2007

Judge

Bozalek

The court granted a rule nisi over a donated property, finding the applicant had shown on the papers that the deed of donation was valid and no oral evidence was needed.

• Transfer Of Property
• Donation Of Land
• Title Deeds
• Locus Standi
• Affidavit Requirements
• Property-donation