Estate of Late Moses Masese (Represented by Oliver Masomera in his capacity as the Executor Dative of the Estate Late Moses Masese) v Luke Mapako and Fidelis Masese and Master of High Court N.O and Registrar of Deeds N.O
{"issue_text":"Whether the first defendant purchased stand 972 Tshovani from the deceased Moses Masese","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged verbal agreement in 2005; payment of deposit; written agreement after death"}
{"issue_text":"Whether the first defendant should pay rentals or holding over damages in respect of the property","issue_type":"mixed","dispositive":"yes","related_facts":"Occupation without transfer; claim for rentals from 2009; holding over from 2016"}
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background
Facts of the Case
Background
The plaintiff estate sought cancellation of an agreement of sale for immovable property, eviction of the occupant, and payment of rentals. The first defendant claimed he had purchased the property verbally from the deceased before death, then entered into a written agreement with the deceased's son after death. The court found no valid sale agreement existed and ordered eviction with holding-over damages.
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