Crawford v Goodman (21/37617) [2022] ZAGPJHC 435 (1 July 2022)

Crawford v Goodman (21/37617) [2022] ZAGPJHC 435 (1 July 2022)

The court found that a universal partnership existed between the parties and that it was terminated when the romantic relationship ended and the respondent vacated the property. The conduct of both parties evidenced a tacit agreement to end the partnership, as they ceased living together and pooling resources. The court held that the co-ownership had become free co-ownership, entitling the applicant to invoke the actio communi dividundo to terminate joint ownership. The alleged dispute of fact regarding the existence and termination of the universal partnership was capable of resolution on the papers and did not require oral evidence or a trial. The appointment of a receiver and...

Citation
[2022] ZAGPJHC 435
Parties
Applicant: Lloyd Sevren Crawford; Respondent: Leslie Alexander Goodman
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 July 2022
Case Number
21/37617
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted; joint ownership terminated; receiver and liquidator appointed; respondent to pay costs.
Judges
Dosio
Legal Topics
Actio Communi Dividundo, Universal Partnership, Co Ownership Termination, Appointment of Receiver, Dispute of Fact, Partition of Property
Land and Property Civil Procedure Actio Communi Dividundo Universal Partnership Co Ownership Termination Appointment of Receiver Dispute of Fact Partition of Property

Case Brief

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Parties

Lloyd Sevren Crawford

Applicant

Leslie Alexander Goodman

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether a universal partnership existed between the parties and whether it has been dissolved.
  2. 2 Whether the applicant is entitled to invoke the actio communi dividundo to terminate joint ownership of the property.
  3. 3 Whether the application should have been brought by way of motion given the alleged dispute of fact.

Ratio Decidendi

The court found that a universal partnership existed between the parties and that it was terminated when the romantic relationship ended and the respondent vacated the property. The conduct of both parties evidenced a tacit agreement to end the partnership, as they ceased living together and pooling resources. The court held that the co-ownership had become free co-ownership, entitling the applicant to invoke the actio communi dividundo to terminate joint ownership. The alleged dispute of fact regarding the existence and termination of the universal partnership was capable of resolution on the papers and did not require oral evidence or a trial. The appointment of a receiver and...

Court Disposition

Application granted; joint ownership terminated; receiver and liquidator appointed; respondent to pay costs.

Orders

  • The joint ownership of the property situated at erf 4533, N [...] extension 3, Benoni, is terminated.
  • Johannes Hendricus Du Plessis is appointed as receiver and liquidator with specified powers and functions to sell and divide the property and proceeds.