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South Africa Case Law

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Land And Property [2014] ZAFSHC 175

Motete and Another v Mogorosi (A20/2014)

Motete and Another v Mogorosi (A20/2014) [2014] ZAFSHC 175 (18 September 2014)

Court
Free State High Court, Bloemfontein
Case number
A20/2014
Judges
Motloung, Rampai

The court held that the respondent was neither the registered owner nor the person in charge of the property as defined in the PIE Act. The Deed of Sale relied upon by the respondent was invalid, as it did not comply with section 22 of the North-West Housing Corporation Act, lacking the required signatures and authorization. Without a valid Deed of Sale and absent registration of the property in the respondent's name, he could not acquire locus standi to institute eviction proceedings. The magistrate erred in finding otherwise, and the respondent's application was fundamentally defective for…

Source excerpt

  • Eviction Proceedings
  • Locus Standi
  • Pie Act Requirements
  • Validity Of Deed Of Sale
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Land And Property [2009] ZASCA 3

J R 209 Investments (Pty) Ltd and Another v Pine Villa Country Estate (Pty) Ltd, Pine Villa Estates (Pty) Ltd v J R 209 Investments (Pty) Ltd (617/07, 2/08)

J R 209 Investments (Pty) Ltd and Another v Pine Villa Country Estate (Pty) Ltd, Pine Villa Estates (Pty) Ltd v J R 209 Investments (Pty) Ltd (617/07, 2/08) [2009] ZASCA 3; 2009 (4) SA 302 (SCA) ; [2009] 3 All SA 32 (SCA) (26 February 2009)

Court
Supreme Court of Appeal
Case number
617/07, 2/08
Judges
Harms, Ponnan, Cachalia, Leach, Mhlantla

The Supreme Court of Appeal held that the deed of sale sufficiently described the property to comply with section 2(1) of the Alienation of Land Act. The contract envisaged the purchaser determining the shape and size of the portion to be transferred to Mr Oberem, subject to express and implied limitations, which was permissible. The seller lacked locus standi to reclaim Portion 7 or seek an interdict, as clause 11.2 created a contract for the benefit of a third party, and only Mr Oberem could enforce its terms. The application to amend pleadings was rightly refused, as the proposed amendment…

Source excerpt

  • Alienation Of Land Act
  • Validity Of Deed Of Sale
  • Description Of Property
  • Interim Interdict
  • Amendment Of Pleadings
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.