Molema v Matabologa (10751/2000) [2020] ZAGPPHC 396 (5 August 2020)
Court
North Gauteng High Court, Pretoria
Case number
10751/2000
Judge
M Van Staden
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.
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)
Court
Supreme Court of Appeal
Case number
089/09
Judges
Mthiyane, Shongwe, Leach, Theron, Seriti
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…