South Africa Case Law

Aloe Homeowner's Association, Albertinia v Trustees for the time being of Liebenberg Trust and Another (17928/2022)

Aloe Homeowner's Association, Albertinia v Trustees for the time being of Liebenberg Trust and Another (17928/2022) [2025] ZAWCHC 206 (16 May 2025)

Court

Western Cape High Court, Cape Town

Case number

17928/2022

Judge

Mthimunye

The High Court dismissed both a homeowners association's transfer application and the trust's counterapplication, finding disputes of fact over the validity of the 2021 constitution.

• Transfer Of Ownership
• Homeowners Association Constitution
• Declaratory Relief
• Joinder
• Arbitration Clause
• Administrative Action Review

Mashazi v Mukuma and Others (17373/2021)

Mashazi v Mukuma and Others (17373/2021) [2024] ZAGPJHC 668 (22 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

17373/2021

Judge

Aucamp

The court dismissed an application to set aside a later transfer of property, finding no proof the later purchasers knew of the earlier sale.

• Double Sale
• Bona Fide Purchaser
• Specific Performance
• Prescription Act
• Transfer Of Ownership
• Double-sale

Shackleton Credit Management (Pty) Ltd v J.J.N and Others (1975/2013)

Shackleton Credit Management (Pty) Ltd v J.J.N and Others (1975/2013) [2024] ZAECQBHC 40 (14 May 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1975/2013

Judge

Bloem

The court dismissed an application to declare immovable property executable, finding the second respondent had only a personal right to transfer, not ownership, because registration had not occurred.

• Deeds Registries Act
• Real Vs Personal Rights
• Execution Of Immovable Property
• Divorce Settlement
• Transfer Of Ownership
• Deeds-registries-act

Gauteng Provincial Government : Department of Human Settlements and Others v Busha and Others (9074/2020)

Gauteng Provincial Government : Department of Human Settlements and Others v Busha and Others (9074/2020) [2024] ZAGPJHC 138 (19 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

9074/2020

Judge

S D J Wilson

The High Court cancelled a deed transferring an entire erf to housing beneficiaries after finding the transfer was an administrative mistake.

• Deeds Registries Act
• Administrative Error
• Transfer Of Ownership
• Rates Clearance Certificate
• Deeds-registries-act
• Immovable-property-transfer

Affinity Consumer Data (Pty) Ltd v Singh-Hewlett (2023-102629)

Affinity Consumer Data (Pty) Ltd v Singh-Hewlett (2023-102629) [2023] ZAGPJHC 1366 (24 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-102629

Judge

H A van der Merwe

The court found that the respondent's answering affidavit, when read fairly and in context, raises a bona fide dispute of fact regarding the applicant's ownership of the vehicle. The respondent's explanation that registration was for tax purposes and her allegations about the applicant being her husband's alter ego create ambiguity about the true intention behind the vehicle's acquisition. The court held that these facts are inherently ambiguous and not presented in a deliberately evasive manner. Applying the Plascon-Evans rule, the dispute cannot be resolved on the papers, and a robust appro…

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• Rei Vindicatio
• Ownership Dispute
• Factual Dispute On Motion
• Corporate Veil
• Transfer Of Ownership

Farber v Commissioner for the South African Revenue Service and Another

Farber v Commissioner for the South African Revenue Service and Another [2023] ZAGPPHC 88; 11142/2020 (16 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

11142/2020

Judge

Reinard Michau

The High Court dismissed an application for leave to appeal, finding no reasonable prospects that another court would differ on ownership, delivery, or costs.

• Leave To Appeal Test
• Transfer Of Ownership
• Constructive Delivery
• Firearms Control Act
• Costs Order
• Leave-to-appeal

Mit Mak Motors CC 2005/028211/23 v Zitha and Others (29653/19)

Mit Mak Motors CC 2005/028211/23 v Zitha and Others (29653/19) [2022] ZAGPPHC 650 (2 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

29653/19

Judge

NN Bam

The court found that the vehicle sold by the defendants to the plaintiff was stolen and cloned, as evidenced by uncontested testimony from SAPS officers and supporting documentation. The defendants failed to provide credible evidence or critical information to support their version and did not challenge the plaintiff's witnesses effectively. Applying the principle that only an owner or authorised agent may transfer ownership, the court held that the defendants lacked authority to transfer the vehicle, rendering the sale agreement null and void. The plaintiff was entitled to the return of the…

Source excerpt

• Transfer Of Ownership
• Sale Of Stolen Property
• Nullity Of Contract
• Monetary Jurisdiction
• Attorney Client Costs

Morewane N.O. v Rampoto N.O. and Others (2020/8534)

Morewane N.O. v Rampoto N.O. and Others (2020/8534) [2022] ZAGPJHC 625 (29 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/8534

Judge

Swanepoel

The court found that South African law recognizes the validity of a donation inter vivos of property not owned by the donor at the time of donation, provided the donor subsequently acquires ownership and can effect transfer. The authorities cited, including Voet, Grotius, Van Leeuwen, and case law, support the principle that such donations are not invalid. The respondent's argument that the property vested in Joseph Rampoto's estate was rejected due to lack of evidence and the fact that the deed of transfer was in Jacob Rampoto's name. The court distinguished the McBride v Jooste dictum, hold…

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• Donation Inter Vivos
• Transfer Of Ownership
• Estate Administration
• Upgrading Of Land Tenure Rights Act

WesBank, a division of Firstrand Bank Limited v Maseko and Another (47971/2017)

WesBank, a division of Firstrand Bank Limited v Maseko and Another (47971/2017) [2022] ZAGPJHC 595 (22 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

47971/2017

Judge

Ford

The court found that the first defendant was the true owner of the vehicle, as he had exclusive possession and control, and the second defendant never took delivery or exercised ownership rights. The registration of the vehicle in the second defendant's name did not confer common law ownership. The purported sale and subsequent financing transactions were simulated and lacked commercial sense, as the first defendant sought a loan, not a sale, and was induced to enter into an arrangement that resulted in him selling and buying back the vehicle at a loss. No valid transfer of ownership occurred…

Source excerpt

• Instalment Sale Agreement
• Transfer Of Ownership
• Simulated Transaction
• National Credit Act
• Common Law Ownership
• Debt Review

Properties in Motion (Pty) Ltd v Lunkanga and Others (2021/9110)

Properties in Motion (Pty) Ltd v Lunkanga and Others (2021/9110) [2022] ZAGPJHC 248 (22 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/9110

Judge

VM Movshovich

The court found that the applicant, as purchaser, could not exercise landlord rights or terminate the respondents' right of occupation prior to registration of transfer in the Deeds Registry. The huur gaat voor koop principle only operates upon registration, at which point the purchaser becomes the new owner and landlord. Any purported cancellation of the lease or right of occupation by the applicant before transfer was ineffective. The applicant failed to establish that it lawfully, clearly, and unambiguously terminated the respondents' right of occupation. Consequently, the eviction applica…

Source excerpt

• Huur Gaat Voor Koop
• Eviction Proceedings
• Termination Of Lease
• Transfer Of Ownership