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South Africa Case Law

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Land And Property [2024] ZAGPJHC 43

Glover v Chelemu and Another (1352/2022)

Glover v Chelemu and Another (1352/2022) [2024] ZAGPJHC 43 (24 January 2024)

The High Court dismissed an application to register a servitude of right of way over an encroached portion of land, and also dismissed the counter-application.

  • Servitude Registration
  • Encroachment
  • Alienation Of Land Act
  • Valuation Dispute
  • Servitude-registration
  • Property-encroachment
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Civil Procedure [2017] ZAKZDHC 48

Naidu and Another v Standard Bank of South Africa Limited (3201/2016)

Naidu and Another v Standard Bank of South Africa Limited (3201/2016) [2017] ZAKZDHC 48 (22 December 2017)

High Court dismissed an application to set aside a sale in execution, holding that the Rule 46 notice was sufficiently compliant and no invalidating prejudice was shown.

  • Sale In Execution
  • Mortgage Bond Enforcement
  • Rule 46 Uniform Rules
  • Notice Of Sale Requirements
  • Valuation Dispute
  • Service Of Process
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Land And Property [2014] ZAGPPHC 264

J N.O. v M N.O. (27314/13)

J N.O. v M N.O. (27314/13) [2014] ZAGPPHC 264 (12 February 2014)

The High Court authorised an executor to transfer jointly owned property to the auction purchaser despite the co-owner’s opposition, finding the sale fair and equitable.

  • Transfer Of Immovable Property
  • Co Ownership Termination
  • Executor Authority
  • Forced Sale
  • Valuation Dispute
  • Transfer-of-immovable-property
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Land And Property [2011] ZAWCHC 233

Van Niekerk v Van Niekerk and Others (9093/07)

Van Niekerk v Van Niekerk and Others (9093/07) [2011] ZAWCHC 233 (23 May 2011)

The court dismissed an application to partition jointly owned family properties, finding the proposed split arbitrary and inequitable given the usufruct and parties’ positions.

  • Partition Of Joint Property
  • Actio Communi Dividundo
  • Usufruct
  • Equitable Discretion
  • Valuation Dispute
  • Partition-of-joint-property
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Land And Property [2010] ZASCA 92

Paradyskloof Golf Estate (Pty) Ltd v Municipality of Stellenbosch (547/08)

Paradyskloof Golf Estate (Pty) Ltd v Municipality of Stellenbosch (547/08) [2010] ZASCA 92; [2010] 4 All SA 591 (SCA) ; 2011 (2) SA 525 (SCA) (2 July 2010)

The Supreme Court of Appeal held that the Municipality validly resiled from a land sale agreement after a suspensive condition was not fulfilled, and dismissed the appeal.

  • Suspensive Condition
  • Contractual Rescission
  • Municipal Finance Management Act
  • Valuation Dispute
  • Specific Performance
  • Waiver And Election
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Civil Procedure [2010] ZAWCHC 84

Burnett v Deloitte & Touch and Another (4254/2008)

Burnett v Deloitte & Touch and Another (4254/2008) [2010] ZAWCHC 84; 2010 (5) SA 259 (WCC) (20 April 2010)

The High Court held that prescription on a damages claim arising from an arbitral valuation began only when the award was set aside, so the special plea failed.

  • Extinctive Prescription
  • Breach Of Contract
  • Arbitration Award
  • Malperformance
  • Valuation Dispute
  • Extinctive-prescription
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Civil Procedure [2008] ZAKZHC 101

Chetty v Govender and Another, Govender and Another v Chetty and Another (9190/06, 9380/04)

Chetty v Govender and Another, Govender and Another v Chetty and Another (9190/06, 9380/04) [2008] ZAKZHC 101 (20 June 2008)

The High Court refused an interdict against enforcement of a settlement agreement and upheld enforcement under Rule 41(4), rejecting fraud and valuation challenges.

  • Settlement Agreement
  • Compromise
  • Enforcement Of Agreement
  • Valuation Dispute
  • Fraudulent Misrepresentation
  • Settlement-agreement
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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.