20 August 2009
323/08
[2009] ZASCA 84
Kovacs Investments 724 (Pty) Ltd v Marais
Contract – sale of immovable property – written agreement
– securing loan in amount less than that stipulated constitutes
variation of term and not merely waiver of right – contrary to
provisions of s 2(1) of Alienation
of Land Act
and to no variation clause
20 August 2009
332/08
[2009] ZASCA 83
ABSA Brokers (Pty) Ltd v RMB Financial services and Others
Interpretation of section 2 of the Apportionment
of Damages Act 34 of 1956
20 August 2009
247/08
[2009] ZASCA 82
Volvo (Southern Africa) (Pty) Ltd v Yssel
Fiduciary duty – circumstances in which such a duty exists
Owner
can't develop Cape Town's top land : legal blow - 4 September
Religious and heritage rights trump the rights of a land-owner to
make "astronomical" property returns. This was the
upshot of an appeal court judgment against the owner of what must
have been potentially Cape Town's most valuable land - the long,
scenic stretch under the Twelve Apostles' peaks, known as
Oudekraal, on the Atlantic Seaboard. A battle has been raging
since the mid 1990s between environmentalists, Capetonians who
believe the Table Mountain slopes should be preserved for all and
the owner of a large parcel of land who was hoping to develop the
area into South Africa's answer to the French Riviera. - Realestateweb
website
Oudekraal
: Wiehahn loses appeal court bid - 4 September
Oudekraal owner Kassie Wiehahn has lost his fourth court case in
his attempt to use development rights granted in 1957 to build
luxury housing on his mountainside property below the Twelve
Apostles in Cape Town. In 2007, the high court in Cape Town set
these old development rights aside as unlawful because they had
been given "in criminal disregard" for the existence of
Muslim graves and kramats on the land. - IOL
website