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South Africa Case Law

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Land And Property [2020] ZAGPPHC 396

Molema v Matabologa (10751/2000)

Molema v Matabologa (10751/2000) [2020] ZAGPPHC 396 (5 August 2020)

The High Court granted leave to appeal in a dispute over waiver of ownership rights in immovable property, finding a compelling reason for the appeal to be heard.

  • Waiver Of Ownership
  • Leave To Appeal
  • Variation Of Divorce Decree
  • Condonation For Late Filing
  • Leave-to-appeal
  • Waiver-of-ownership
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Land And Property [2010] ZASCA 32

Meintjes NO v Coetzer and Others (089/09)

Meintjes NO v Coetzer and Others (089/09) [2010] ZASCA 32; 2010 (5) SA 186 (SCA) ; [2010] 4 All SA 34 (SCA) (29 March 2010)

The Supreme Court of Appeal held that the deceased did not waive or abandon her right to ownership of portions 2 and 3 of the farm. The transfer and registration of the property into the names of the first and second respondents were effected by fraudulent means, with falsified deeds of sale and transfer documents. No valid deed of alienation was signed as required by section 2(1) of the Alienation of Land Act. Mere registration does not confer ownership in the absence of a real agreement and intention to transfer. The respondents failed to prove that the deceased, with full knowledge of her…

  • Rei Vindicatio
  • Waiver Of Ownership
  • Rectification Of Title Deeds
  • Alienation Of Land Act
  • Fraudulent Transfer
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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.