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South Africa Case Law

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Land And Property [2023] ZAFSHC 489

Viljoen v Louw NO and Others (56/2020)

Viljoen v Louw NO and Others (56/2020) [2023] ZAFSHC 489 (4 December 2023)

The High Court held that the 2020 Will granted the widow a usufruct, but only subject to the sons’ approval, so her application was dismissed.

  • Interpretation Of Wills
  • Usufruct Rights
  • Declaratory Relief
  • Rule 41a Mediation
  • Application To Strike Out
  • Interpretation-of-wills
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Land And Property [2018] ZAECPEHC 13

Sturdy v Pirezenthal and Another (2147/15)

Sturdy v Pirezenthal and Another (2147/15) [2018] ZAECPEHC 13 (27 February 2018)

The High Court granted eviction under PIE, finding the respondent’s occupation unlawful after consent to occupy the property was withdrawn, and allowed three months to vacate.

  • Prevention Of Illegal Eviction Act
  • Usufruct Rights
  • Just And Equitable Eviction
  • Unlawful Occupation
  • Onus Of Proof
  • Pie-eviction
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Land And Property [2015] ZAGPPHC 400

Mthetwa and Another v Chiloane (A374/2013)

Mthetwa and Another v Chiloane (A374/2013) [2015] ZAGPPHC 400 (18 June 2015)

Appeal against eviction order set aside and remitted because PIE factors were not properly considered; new evidence about a disputed will was rejected.

  • Eviction Under Pie
  • Usufruct Rights
  • Matrimonial Property Act
  • Admission Of New Evidence On Appeal
  • Just And Equitable Eviction
  • Alternative Accommodation
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Land And Property [2005] ZANWHC 50

Van Staden N.O and Another v Raath and Others (1232/04)

Van Staden N.O and Another v Raath and Others (1232/04) [2005] ZANWHC 50 (7 July 2005)

The court granted a final interdict protecting a water servitude and access rights, finding the respondents unlawfully interfered with water flow and maintenance access.

  • Water Servitude
  • National Water Act
  • Final Interdict
  • Usufruct Rights
  • Title Deed Conditions
  • Water-rights
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.