- Flynote
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Pleadings – define the issues and scope and ambit of the dispute between
the parties – court declining to order transfer on the basis that the immovable property
did not vest in the seller – such issue not properly raised on the pleadings or ventilated in
the evidence and therefore ought not to have been a triable issue in the proceedings.
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Cited documents 6
Judgment 6
- Department of Transport and Others v Tasima (Pty) Ltd [2016] ZACC 39 (9 November 2016)
- Koster v Norval (20609/2014) [2015] ZASCA 185 (30 November 2015)
- MEC for Health, Eastern Cape and Another v Kirland Investments (Pty) Ltd [2014] ZACC 6 (25 March 2014)
- Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd (CCT57/11) [2012] ZACC 2 (13 March 2012)
- Merafong City Local Municipality v AngloGold Ashanti Limited [2016] ZACC 35 (24 October 2016)
- Yellow Star Properties 1020 (Pty) Ltd v Department of Development Planning and Local Government (Gauteng) (549/2007) [2009] ZASCA 25 (27 March 2009)