SUMMARY

Duties of an executor in terms of the Administration of Estates Proclamation no.19 of 1935. Alienation of matrimonial property in terms of the Legal Capacity of Married persons 2006.

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.

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.

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.

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

SUMMARY

LAW OF PROPERTY: Application for a tacid hypothec-The requirements thereof- Civil practice- how evidence which is adduced for the first time in reply should be dealt with- Unjust enrichment- Principles considered and applied

SUMMARY

LAW OF PROPERTY- Non-compliance with section 24 of the Deeds Registry Act- Respondent taking occupation of the sub-leased property before consent sought and the sublease agreement being registered- Consequences thereof- Sublease agreements cancelled and declared null and void

SUMMARY

Ownership - Movable property - Competing claims - Of purchaser motor vehicle and Executrix of Estate - Purchaser of vehicle through bank - Executrix of Estate of deceased estate claiming ownership relying on hearsay evidence of statements by deceased and supporting affidavits that deceased had told the deponents that she had bought the motor vehicle purchaser - Executrix of Estate failing to establish ownership as it had relied on hearsay and circumstantial evidence.

Circumstantial evidence - The rules of induction specially applicable to circumstantial evidence discussed and applied – Appeal dismissed with costs.

SUMMMARY:

PROPERTY LAW: Rei vindicatio and revocation of remuneratory donation- Principles applicable discussed and applied- the applicant was donated a BMW sedan by her parents, and on the souring of the relations between herself and her mother, she left the maiden home- when the applicant left the maiden home her mother held on the vehicle on the basis that she was revoking the donation on account of her disrespect, thereby prompting the applicant to launch this application based on rei vindicatio- Application granted with no order as to costs.