South Africa Case Law

Mahosi and Another vs Afribiz Invest Collin and Others (033262/19)

Mahosi and Another vs Afribiz Invest Collin and Others (033262/19) [2022] ZAGPJHC 1032 (28 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

033262/19

Judge

Molahlehi

The court found that the immovable property and the cause of action arose in Limpopo Province. According to established legal principles, the court within whose territorial jurisdiction the property is situated has exclusive jurisdiction over disputes concerning title, ownership, possession, or real rights in immovable property. The South Gauteng High Court, Johannesburg, therefore lacks jurisdiction to entertain the dispute. The application was dismissed on this basis without consideration of the merits.

Source excerpt

• Territorial Jurisdiction
• Interdict
• Ownership Of Immovable Property
• Void Transfer
• Eviction

Marais N.O. and Another v Maposa and Others (642/2018)

Marais N.O. and Another v Maposa and Others (642/2018) [2020] ZASCA 23; 2020 (5) SA 111 (SCA) (25 March 2020)

Court

Supreme Court of Appeal

Case number

642/2018

Judges

Petse, Mbha, Van der Merwe, Plasket, Nicholls

The Supreme Court of Appeal held that the donation of 75% of the members' interest in Seepunt Eiendomme CC from the joint estate required the consent of the non-contracting spouse, Ms Broodie, under section 15(3)(c) of the Matrimonial Property Act. The transaction prejudiced her interests and thus required her consent. The respondents, particularly Ms Ledwaba, knew of the marriage but made no enquiries as to the marital regime or the necessity of consent. The court found that the respondents failed to meet the objective standard of reasonable enquiry required to rely on deemed consent under s…

Source excerpt

• Matrimonial Property Act
• Donation Of Joint Estate Assets
• Consent Requirement
• Deemed Consent
• Void Transfer
• Executor Substitution

Valashiya NO v Moroesi and Others (13985/2017)

Valashiya NO v Moroesi and Others (13985/2017) [2019] ZAGPJHC 292 (19 August 2019)

Court

South Gauteng High Court, Johannesburg

Case number

13985/2017

Judge

Matojane

The High Court held that an executor’s transfer of estate property without a liquidation and distribution account was void and ordered re-registration in the deceased estate.

• Administration Of Estates Act
• Sectional Title Transfer
• Liquidation And Distribution Account
• Void Transfer
• Executor Powers
• Administration-of-estates-act