C.A.W v D.H.W and Another (16760/2018) [2023] ZAGPJHC 811 (21 July 2023)

C.A.W v D.H.W and Another (16760/2018) [2023] ZAGPJHC 811 (21 July 2023)

The court found that the first respondent failed to prove entitlement to revoke the donation based on gross ingratitude. The alleged assaults dated back to 2009 and preceded the donation, and the claim of infidelity related to a period after the first respondent had left the matrimonial home. Both grounds were insufficient to establish gross ingratitude. Furthermore, correspondence between attorneys demonstrated that the first respondent had previously agreed to perfect the donation and had forgiven any alleged misconduct during negotiations. The donation was made out of pure liberality and not to satisfy any obligation. The application for transfer of the property was therefore granted.

Citation
[2023] ZAGPJHC 811
Parties
Applicant: C A W; Respondent: D H W; Respondent: Registrar of Deeds, Pretoria
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 July 2023
Case Number
16760/2018
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted; order issued compelling transfer of property to applicant.
Judges
Van Eeden
Legal Topics
Revocation of Donation, Gross Ingratitude, Transfer of Immovable Property, Matrimonial Home
Land and Property Family and Children Revocation of Donation Gross Ingratitude Transfer of Immovable Property Matrimonial Home

Case Brief

Summary, issues, holding and outcome

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Parties

C A W

Applicant

D H W

Respondent

Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the first respondent is entitled to revoke the donation of his half share in the immovable property to the applicant based on gross ingratitude.
  2. 2 Whether the applicant is entitled to an order compelling the first respondent to take all steps necessary to effect registration of transfer of the property.

Ratio Decidendi

The court found that the first respondent failed to prove entitlement to revoke the donation based on gross ingratitude. The alleged assaults dated back to 2009 and preceded the donation, and the claim of infidelity related to a period after the first respondent had left the matrimonial home. Both grounds were insufficient to establish gross ingratitude. Furthermore, correspondence between attorneys demonstrated that the first respondent had previously agreed to perfect the donation and had forgiven any alleged misconduct during negotiations. The donation was made out of pure liberality and not to satisfy any obligation. The application for transfer of the property was therefore granted.

Court Disposition

Application granted; order issued compelling transfer of property to applicant.

Orders

  • The first respondent is ordered to take all steps and sign all documents necessary to effect registration of transfer of his half share in the property into the name of the applicant.
  • Should the first respondent fail to comply, the sheriff is authorised and directed to take all such steps and sign all documents necessary to effect registration of transfer.