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South Africa decisions
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Meyer v Meyer and Others (1819/2020) [2025] ZAWCHC 268 (23 June 2025)
High Court action over alleged fraud in family property sales failed; the court found Mrs Meyer knowingly signed the transactions and that the claims had prescribed.
Maifala and Another v Ramashapa and Others (5378/2024) [2025] ZALMPPHC 70 (10 April 2025)
The court found that the applicants' claim for transfer of the property constituted a personal right subject to prescription under the Prescription Act. Prescription commenced when the purchase price was paid and the applicants became entitled to transfer, and was not interrupted by subsequent communications or partial repayments. By the time the application was launched, more than three years had elapsed, and the claim had prescribed. The court also held that material factual disputes existed regarding the terms of the agreement, payment of municipal charges, and the conduct of the parties,…
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Petrus Herodus Hillebrand Badenhorst N.O v N.G.C and Another (5010/2024) [2025] ZAFSHC 48 (27 February 2025)
The High Court compelled a non-cooperating spouse to sign transfer documents so a court-appointed receiver could realize and divide a joint estate.
Buztrade 102 CC v Chetty and Others (14501/23P) [2025] ZAKZPHC 9 (31 January 2025)
The court set aside an old interdict over immovable property and ordered transfer to the applicant, rejecting objections based on misjoinder, disputes of fact, and occupational rent.
Sheriff of the High Court for the District of Witbank v Morris (2718/2020) [2025] ZAMPMHC 7 (29 January 2025)
The High Court cancelled a sale in execution after the purchaser failed to pay the balance and comply with sale conditions, and ordered the property resold.
Devine Property Development NPC and Another v Kgosihadi Trading and Projects CC and Others (2023/032999) [2025] ZAGPJHC 23 (17 January 2025)
On the undisputed facts, the property was purchased with funds contributed by members of the second applicant, and the first respondent was used solely as a temporary vehicle for registration. A verbal trust agreement existed, entitling the first applicant, upon its incorporation, to beneficial ownership and transfer of the property. The actions of the second and sixth respondents, including the purported sale of membership and attempts to frustrate transfer, were unlawful and opportunistic. The sixth respondent lacked locus standi, and his joinder was erroneously granted. The court found tha…
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Tlhapi v Bangane and Others (2018/21599) [2025] ZAGPJHC 22 (17 January 2025)
The High Court dismissed an application to set aside transfer of immovable property, holding the respondent’s ownership was valid and unassailable.
Mokumo v Semosa and Others (2023/054043) [2024] ZAGPPHC 1392 (19 December 2024)
The court set aside a sale and transfer of jointly owned immovable property allegedly completed through a forged power of attorney and restored joint ownership.
Du Toit and Another v Kruger N.O and Others (18777/23) [2024] ZAWCHC 281 (26 September 2024)
The court found that clause 4.1.1 of the testator's will expressly granted the executor absolute and unfettered discretion to sell or lease the immovable properties and to determine the price, with the executor's decision being final and not reviewable. This constituted a clear contrary intention as contemplated by section 47 of the Administration of Estates Act. The statutory requirement for heirs' consent or Master's approval does not apply where the will provides otherwise. The sale agreement entered into by the erstwhile executor was valid and enforceable, and the respondents, as current…
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Hatting v Marule N.O and Others (1863/2022) [2024] ZAMPMHC 22 (8 March 2024)
The High Court dismissed an application to compel trustees to transfer trust property as security, holding that automatic transfer would amount to a void pactum commissorium.
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