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South Africa Case Law

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Land And Property [2013] ZAWCHC 45

Van der Merwe NO and Another v Van der Merwe (16182/2012)

Van der Merwe NO and Another v Van der Merwe (16182/2012) [2013] ZAWCHC 45 (28 February 2013)

The court held that section 28(1) of the Alienation of Land Act does not entitle the alienee to withhold re-transfer of the property until his enrichment claims are satisfied. The respondent's claims for repayment and compensation are illiquid and must be dealt with in the ordinary course of the administration of the deceased estate, as prescribed by the Administration of Estates Act. The respondent is not a secured creditor and cannot claim a right of retention or insist on simultaneous payment. The statutory regime requires the executors to recover estate assets and settle creditor claims t…

  • Alienation Of Land Act
  • Void Deed Of Alienation
  • Restitution Vs Enrichment
  • Administration Of Deceased Estates
  • Right Of Retention
  • Maintenance Of Surviving Spouses
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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.