Land Division

48 judgments

Court registries

  • Filters
  • Judges
  • Topics
  • Alphabet
Sort by:
48 judgments
Citation
Judgment date
March 2025
7 March 2025
February 2025
21 February 2025
October 2024
30 October 2024
25 October 2024
September 2024
6 September 2024
June 2024
18 June 2024
March 2024
22 March 2024
February 2023
9 February 2023
August 2022
SUMMARY Land Court – Applicant and first respondent in dispute over rights on estate – Estate having been bequeathed to the applicant’s wife – Original owners having passed on – Applicant’s mother having survived her husband – first respondent having fraudulently obtained a lease document in his names in respect of this estate – None disclosure of a material fact by the first respondent, that he had lost a case of ejectment against the applicant and his late wife – Effect of none disclosure of such a fact.
16 August 2022
June 2022
Summary Appeal against an order of absolution from the instance at the conclusion of trial (in respect of both the main and the counter-claim) - dispute involving encroachment and its extent - demarcations and extent of the land depicted on the title deed at variance with the lease document - surveyors giving conflicting interpretation of the title Deed diagram - requirements for a successful application based on encroachment discussed - mere production of a lease insufficient to proof the boundaries of land - survey records that preceded the issuance of the lease and measuring of the land indispensable to the resolution of the dispute between the parties - Magistrate cannot be faulted for concluding that neither party sufficiently proved its claim or title to this land as well as encroachment. Appeal dismissed with costs.
30 June 2022
Summary Concurrency of jurisdiction - Rule 9(2) of the Land Court Rules of 2012 -whether the decision of the Court of Appeal in Moletsane v Thamae removes adherence to the requirements of this rule - this Court holds that it does not - objects of the Land Act 2010 in creating the District Land Courts as well as prior decisions of the Court of Appeal on the interpretation of section 6 of the High Court Act of 1978 discussed and applied - jurisdiction declined.
13 June 2022
SUMMARY Sale of land – Ministerial consent not required for parties to conclude a valid sale agreement, but such consent is a prequisite for transfer of title – Where seller in bad faith and unreasonably fails to facilitate transfer of title to a buyer, the latter may be granted an order of specific performance directing the seller to do all what is necessary to facilitate transfer of title to the buyer.
2 June 2022
March 2022
Summary Inheritance to land – claimed by a married woman over arable land allocated to her parents’ house where there is no male issue – the male issue from the first house being nominated as heir – whether the ngala custom confers a right to a married woman to inherit her parents’ immovable property - whether a Form C2 and CC2 may validly be issued for arable land
22 March 2022
Summary Preliminary objection – lis alibi pendens – an action commenced in 2011 and set down for hearing – second application commenced in 2020 – both for cancellation of deeds of transfer pertaining to disputed plots – Reliefs claims in each essentially the same – No good reason for Court to permit second action to proceed.
3 March 2022
June 2021
7 June 2021
4 June 2021
April 2021
28 April 2021
August 2020
28 August 2020
May 2020
18 May 2020
March 2020
9 March 2020
November 2019
18 November 2019
15 November 2019
5 November 2019
4 November 2019
October 2019
11 October 2019
September 2019
19 September 2019
5 September 2019
March 2017
17 March 2017
February 2017
27 February 2017
December 2016
5 December 2016
November 2016
22 November 2016
21 November 2016
October 2016
26 October 2016
August 2016
18 August 2016
June 2016
14 June 2016
May 2016
6 May 2016
February 2016
26 February 2016
3 February 2016
December 2015
15 December 2015
9 December 2015
November 2015
26 November 2015
August 2015
26 August 2015
March 2015
2 March 2015
December 2014
10 December 2014
8 December 2014
November 2014
25 November 2014
October 2014
29 October 2014
September 2014
18 September 2014