South Africa Case Law

Khoeta v Lehihi and Another (CIV APP12/2015)

Khoeta v Lehihi and Another (CIV APP12/2015) [2016] ZANWHC 28 (9 June 2016)

Court

North West High Court, Mafikeng

Case number

CIV APP12/2015

Judges

Landman, Hendricks, Kgoele

The appeal succeeded because the court a quo erred in deciding the matter on the papers despite material disputes of fact regarding the existence and terms of the alleged oral agreement for the sale of the house. The court a quo improperly made credibility findings in motion proceedings, contrary to the Plascon-Evans principle, and formulated contractual terms not agreed upon by the parties. The evidence regarding the higher offer and the nature of the payments was not sufficiently challenged or contradicted, and the matter could not be resolved without oral evidence. As the appellate court c…

Source excerpt

• Alienation Of Land Act
• Motion Proceedings
• Tribal Land Rights
• Disputes Of Fact
• Oral Agreement
• Condonation

Maselsele N.O. v Greater Giyani Municipality and Others (5054/2013)

Maselsele N.O. v Greater Giyani Municipality and Others (5054/2013) [2015] ZAGPPHC 413 (14 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

5054/2013

Judge

Avvakoumides

The High Court upheld an exception to a claim seeking land ownership under the Upgrading of Land Tenure Rights Act, finding the pleading lacked essential statutory averments.

• Upgrading Of Land Tenure Act
• Exception To Particulars Of Claim
• Tribal Land Rights
• Pleading Requirements
• Exception-to-particulars-of-claim
• Upgrading-of-land-tenure-rights-act

Ramaf and Another v Thlapane and Others (3380/09)

Ramaf and Another v Thlapane and Others (3380/09) [2013] ZANWHC 75 (24 October 2013)

Court

North West High Court, Mafikeng

Case number

3380/09

Judge

A A Landman

The court dismissed a claim to ownership of a farm, but declared that the second plaintiff or his close corporation owns the butchery and its assets.

• Ownership Of Land
• Declaration Of Rights
• Acquisitive Prescription
• Partition Transfer
• Tribal Land Rights
• Ownership-of-land

Ramafi and Another v Thlapane and Others (3380/09)

Ramafi and Another v Thlapane and Others (3380/09) [2013] ZANWHC 76 (24 October 2013)

Court

North West High Court, Mafikeng

Case number

3380/09

Judge

A A Landman

The court dismissed a claim to farm ownership for lack of credible proof, but declared the second plaintiff or his close corporation the proprietor of the butchery and its movable assets.

• Ownership Of Land
• Acquisitive Prescription
• Deceased Estates
• Tribal Land Rights
• Declaratory Relief
• Land-ownership

Teka v Teka (A679/2008)

Teka v Teka (A679/2008) [2010] ZAGPPHC 638 (18 June 2010)

Court

North Gauteng High Court, Pretoria

Case number

A679/2008

Judges

T M Makgoka, J Goodey

The High Court dismissed an appeal against an eviction order, holding that the respondent had locus standi despite not owning the tribal land.

• Locus Standi
• Eviction
• Pleadings And Prejudice
• Tribal Land Rights
• Locus-standi
• Tribal-land

Tlou le Tau Tribal Authority and Others v Bonnanye (CA 2/2007)

Tlou le Tau Tribal Authority and Others v Bonnanye (CA 2/2007) [2007] ZANWHC 27 (28 June 2007)

Court

North West High Court, Mafikeng

Case number

CA 2/2007

Judges

M.T.R. Mogoeng, A.J. Swart

The High Court dismissed an appeal against damages awarded for loss of cattle after tribal authority members removed fences around a farm.

• Tribal Land Rights
• Lease Agreement
• Unlawful Removal
• Quantum Of Damages
• Traditional Courts Jurisdiction
• Loss Of Property