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South Africa decisions
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M.Z.O N.O and Another v S.M and Others (2372/2024; 5234/2024) [2025] ZAFSHC 40 (13 February 2025)
The High Court dismissed two consolidated applications over a deceased estate property, holding that rejected codicils had no legal effect and costs followed the result.
Hart v Hart and Others (2453/2024) [2024] ZAWCHC 381; [2025] 1 All SA 373 (WCC); 2025 (3) SA 286 (WCC) (20 November 2024)
The court held that a widow under a special bequest could insist on selling the property and reinvesting the proceeds, subject only to the executors’ approval of the investment.
Willemse v Cronje and Others (7608/2023) [2024] ZAWCHC 270 (18 September 2024)
The court found that the applicant's pre-emptive right was triggered by the receipt of the offer to purchase the farm properties, not by the conclusion of the sale agreement. The applicant was entitled to exercise his right by stepping into the position of the third party purchaser, but only on the same terms as those offered to the third respondent, including the sale of movables and improvements. The court held that the structure of the sale agreements was commercially reasonable and not designed to frustrate the applicant's rights. The lease agreement was entered into by the usufructuary,…
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Samsodien v Samsodien and Others (9938/2020) [2020] ZAWCHC 151; 2021 (2) SA 601 (WCC) (29 October 2020)
The court held that section 2(1) of the Immovable Property (Removal or Modification of Restrictions) Act 94 of 1965 does not empower it to remove or modify a lifetime usufruct granted in a will. A usufruct is a personal, limited but real right that forms part of the panoply of ownership rights, and is not a 'restriction' as contemplated by the Act. While the Act may justify modification of restrictions such as those on subdivision, it cannot be used to remove or restrict a usufructuary right expressly granted in the will. The equities favour the applicant, but the law is clear and does not pe…
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J.S N.O and Another v P.J.N S Familie Trust and Others (2017/66789) [2020] ZAGPPHC 52 (20 February 2020)
The High Court dismissed an opposed application to terminate a trust, cancel a usufruct, and sell trust-held property, finding no case under section 13 of the Trust Property Control Act.
Shaher Banoo Mia N.O v Mia and Others (43863/2016) [2018] ZAGPJHC 126 (4 May 2018)
The High Court granted eviction, finding no valid usufruct or other enforceable right based on an unregistered oral family undertaking.
Keyter N.O. v Keevy and Others (CA311/2017) [2018] ZAECGHC 19 (8 March 2018)
The court held that the sheep-lessee claim was personal, not vindicatory, so it was a debt under the Prescription Act and the appeal failed.
Smith and Another v Patsalosavis and Another (85341/2014) [2017] ZAGPJHC 281 (11 August 2017)
The court refused an eviction application and referred the dispute to trial, finding no proved breach or lawful cancellation of the parties’ agreement.
Smith and Another v Patsalosavis and Another (85341/2014) [2017] ZAGPJHC 230 (11 August 2017)
The High Court refused an eviction application based on alleged breach of a building-improvement agreement and referred the dispute to trial.
Keyter v Keevy and Others (1658/2006) [2017] ZAECGHC 41 (22 March 2017)
The High Court upheld a special plea of prescription, finding the plaintiff’s claim over livestock had prescribed before the third defendants were joined.
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