L.L v C.H NO and Others (A018010/2023) [2023] ZAGPJHC 1440 (12 December 2023)

L.L v C.H NO and Others (A018010/2023) [2023] ZAGPJHC 1440 (12 December 2023)

The court found that the appellant's version of the facts was largely undisputed and supported the inference of a tacit universal partnership with the deceased, EH, commencing upon the death of EH's husband and continuing until EH's death. Both parties contributed assets and labour to joint property ventures, shared expenses, and lived together as life partners. The respondent's answering affidavit failed to raise any genuine or material factual dispute, consisting mainly of bare denials and irrelevant assertions. The court held that the partnership encompassed all assets and was akin to a marriage in community of property. Accordingly, the appellant was entitled to half of the deceased's...

Citation
[2023] ZAGPJHC 1440
Parties
Appellant: LL; Respondent: CH N.O.; Respondent: CH; Respondent: CJB; Respondent: The Master of the High Court; Respondent: The Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 December 2023
Case Number
A018010/2023
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Declaratory Relief on Motion
Outcome
Appeal upheld. The order of the court below is set aside and replaced with declaratory and ancillary relief in favour of the appellant.
Judges
Opperman, Wilson, Noko
Legal Topics
Universal Partnership, Cohabitation Rights, Intestate Succession, Executor Removal, Motion Proceedings, Fiduciary Duties
Family and Children Land and Property Civil Procedure Universal Partnership Cohabitation Rights Intestate Succession Executor Removal Motion Proceedings +1 more

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Parties

LL

Appellant

CH N.O.

Respondent

CH

Respondent

CJB

Respondent

The Master of the High Court

Respondent

The Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing Declaratory Relief on Motion

Legal Issues

  1. 1 Whether the appellant established the existence of a universal partnership with the deceased on the papers.
  2. 2 Whether the factual disputes raised by the respondent were material and genuine.
  3. 3 Whether the appellant is entitled to half of the deceased's estate under the universal partnership and Intestate Succession Act.

Ratio Decidendi

The court found that the appellant's version of the facts was largely undisputed and supported the inference of a tacit universal partnership with the deceased, EH, commencing upon the death of EH's husband and continuing until EH's death. Both parties contributed assets and labour to joint property ventures, shared expenses, and lived together as life partners. The respondent's answering affidavit failed to raise any genuine or material factual dispute, consisting mainly of bare denials and irrelevant assertions. The court held that the partnership encompassed all assets and was akin to a marriage in community of property. Accordingly, the appellant was entitled to half of the deceased's...

Court Disposition

Appeal upheld. The order of the court below is set aside and replaced with declaratory and ancillary relief in favour of the appellant.

Orders

  • The appeal succeeds, with costs to be paid by the second respondent in her personal capacity.
  • The order of the court below is set aside and substituted with a declaration that a universal partnership existed between the applicant and EH from 11 December 1990 to 21 July 2016, with each owning half of the other's estate.