South Africa Case Law

Samwol Properties (Pty) Ltd and Another v Nicole Sinovich Attorneys INC and Others (029047/25)

Samwol Properties (Pty) Ltd and Another v Nicole Sinovich Attorneys INC and Others (029047/25) [2025] ZAGPJHC 354 (20 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

029047/25

Judge

Manoim

The High Court dismissed an urgent bid to stop trust funds being released under a property sale, finding only a weak prima facie right and no sufficient irreparable harm.

• Interim Interdict
• Specific Performance
• Business Rescue
• Vacant Possession
• Contractual Interpretation
• Interim-interdict

Werner and Another v Barnard N.O and Others (8903/2021P)

Werner and Another v Barnard N.O and Others (8903/2021P) [2023] ZAKZPHC 33 (17 March 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8903/2021P

Judge

E Bezuidenhout

The court found that the first respondent, as executrix, was not contractually or statutorily obliged to obtain and deliver an occupancy certificate to the applicants prior to finalisation of the estate. Transfer of the property had already occurred, and the applicants had taken occupation and made substantial use of the property prior to transfer. The voetstoots clause in the sale agreement covered latent defects, including lack of statutory compliance, and the applicants failed to establish that the absence of an occupancy certificate rendered the possession unlawful or that the executrix c…

Source excerpt

• Vacant Possession
• Voetstoots Clause
• Occupancy Certificate
• Sale Of Immovable Property
• Executor Liability

Corporate Park Properties(Pty) Ltd v Glass Decorations CC (21408/07)

Corporate Park Properties(Pty) Ltd v Glass Decorations CC (21408/07) [2007] ZAGPHC 245 (29 October 2007)

Court

High Courts - Gauteng

Case number

21408/07

Judge

Seriti

An opposed motion for a declaratory order about vacation of leased premises was dismissed as premature where the parties had already agreed on the vacate date.

• Lease Agreement Termination
• Vacant Possession
• Costs Order
• Premature Application
• Lease-termination
• Vacant-possession