Alienation of Land Act 68 of 1981 Archives

Eviction notice disputed: Appeal upheld

by GilesFiles | Mar 17, 2026 | 2020 onwards, Allowed, Appeals, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, SDJ Wilson, Sectors, Special pleas, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Professional negligence claim: Carve-out exception explained

by GilesFiles | Dec 18, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Delict, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Sectors, Selected judges, Statutory, Topics | 0 |

Le Roux v Johannes G Coetzee en Seuns In professional negligence claim against attorneys when does there need to be a carve-out? “[233] It is for these reasons that there needs to be special treatment of the case where a...

Land sale agreements: Consensus lacking

by GilesFiles | May 16, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, PA Meyer, Parties, Personal services, Private enterprises, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Holding occupational rights: Consent to alienation?

by GilesFiles | Jan 20, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Consumer protection, Contractual breach, Costs, Courts, Disallowed, Evidence & onus, Interpretation etc, Judges, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Returning cattle progeny: Cancellation of sale

by GilesFiles | Apr 8, 2021 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Sectors, Topics | 0 |

Remhoogte CC v Jacob Durr Trust Considering returning cattle progeny a full bench of the high court decided that to allow a ‘mala fide possessor the right of retention, would in my view encourage abuse and self-help as it...

Life-right confirmed: Eviction order overturned

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, Eviction/ejectment, High Court, High Court judges, Judges, Just and equitable relief, Legal Practice, LRA 1995, Orders, Parties, Private enterprises, Sectors, Topics, Unlawful and void | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Stipulatio alteri: Valid third-party contracts

by GilesFiles | Mar 29, 2018 | Causes and defences, Insights, Interpretation etc, Legal Practice, Legislation, Sectors | 0 |

Third parties may become involved in the contractual relationship between others such as stipulatio alteri (for the benefit of a third-party beneficiary). The third-party beneficiaries may claim the benefit only once they have...

Vague provisions: Violation of rule of law

by GilesFiles | Mar 23, 2018 | 2018, 2018, Bill of Rights, Causes and defences, Courts, Exceptions/special pleas, Interpretation etc, Judges, Landmark judgments, Legal Practice, Legislation, SCA judges, Sectors, Supreme Court of Appeal, Terms & conditions, Topics | 0 |

Loggenberg NO v Maree With regard to vague provisions the SCA held that: “Given the nature of the oral agreement and that language used in a contract should be approached sensibly and fairly, I do not think that the court...

Tag: Alienation of Land Act 68 of 1981