real and personal rights Archives

Deprivation of property: Operation of law

by GilesFiles | Mar 31, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, DN Unterhalter, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, 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,...

Grazing livestock rights: Tacit consent granted

by GilesFiles | Nov 11, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Interdicts & rules, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Refused, Sectors, Statutory, Topics, Trustees | 0 |

Moladora Trust v Mereki On what basis do occupiers of farm land enjoy livestock grazing rights and is tacit consent sufficient to establish that right? “”32. The conclusion that there was tacit consent is, in my...

Interpreting contracts holistically: Text context purpose

by GilesFiles | Jun 11, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Orders, Parties, Personal services, Roman Dutch law, Sectors, Special pleas, SV Khampepe, Topics, Universities and schools | 0 |

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

Mandament van spolie: Personal right to electricity

by GilesFiles | Jun 18, 2019 | 2019, Causes and defences, Courts, Judges, SCA judges, Sectors, State Owned Enterprises, 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,...

Limited real rights: Prescribed debt and reversion

by GilesFiles | Oct 31, 2018 | 2018, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Topics | 0 |

eThekwini Municipality v Mounthaven (Pty) Ltd Limited real rights considered in detail and difference between real and personal rights explained and effect of registration considered. “In terms of the dictionary meaning of...

Tag: real and personal rights

Deprivation of property: Operation of law

Grazing livestock rights: Tacit consent granted

Interpreting contracts holistically: Text context purpose

Mandament van spolie: Personal right to electricity

Limited real rights: Prescribed debt and reversion