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Citation
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Judgment date
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| March 2025 |
|
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|
7 March 2025 |
| February 2025 |
|
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21 February 2025 |
| October 2024 |
|
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|
30 October 2024 |
|
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25 October 2024 |
| September 2024 |
|
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|
6 September 2024 |
| June 2024 |
|
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18 June 2024 |
| March 2024 |
|
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|
22 March 2024 |
| February 2023 |
|
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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 |
|
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|
7 June 2021 |
|
|
4 June 2021 |
| April 2021 |
|
|
|
28 April 2021 |
| August 2020 |
|
|
|
28 August 2020 |
| May 2020 |
|
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|
18 May 2020 |
| March 2020 |
|
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|
9 March 2020 |
| November 2019 |
|
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|
18 November 2019 |
|
|
15 November 2019 |
|
|
5 November 2019 |
|
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4 November 2019 |
| October 2019 |
|
|
|
11 October 2019 |
| September 2019 |
|
|
|
19 September 2019 |
|
|
5 September 2019 |
| March 2017 |
|
|
|
17 March 2017 |
| February 2017 |
|
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|
27 February 2017 |
| December 2016 |
|
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|
5 December 2016 |
| November 2016 |
|
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|
22 November 2016 |
|
|
21 November 2016 |
| October 2016 |
|
|
|
26 October 2016 |
| August 2016 |
|
|
|
18 August 2016 |
| June 2016 |
|
|
|
14 June 2016 |
| May 2016 |
|
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|
6 May 2016 |
| February 2016 |
|
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|
26 February 2016 |
|
|
3 February 2016 |
| December 2015 |
|
|
|
15 December 2015 |
|
|
9 December 2015 |
| November 2015 |
|
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|
26 November 2015 |
| August 2015 |
|
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|
26 August 2015 |
| March 2015 |
|
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|
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 |