P.B.M v D.E.M and Others (15754/2015) [2018] ZAGPPHC 944 (4 December 2018)

P.B.M v D.E.M and Others (15754/2015) [2018] ZAGPPHC 944 (4 December 2018)

The court found the plaintiff's version more probable, concluding that the first defendant had agreed to contribute R350,000 towards the purchase of the Mountain View property but failed to do so. Evidence showed she made no contribution to the bond or municipal accounts and retained ownership of her own property. The court exercised its equitable discretion under actio communi dividundo, determining that the joint ownership should be terminated and the property transferred to the plaintiff. The first defendant was found to have no claim to the property, and the offer to purchase was ordered to be rectified to remove references to her and the alleged customary marriage. The plaintiff was...

Citation
[2018] ZAGPPHC 944
Parties
Plaintiff: P[….] B[….] M[….]; Defendant: D[….] E[….] M[….]; Defendant: The Registrar of Deeds, Pretoria; Defendant: Standard Bank of South Africa Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 December 2018
Case Number
15754/2015
Procedural Posture
Civil Trial / Judgment
Outcome
Plaintiff's claim for rectification and termination of joint ownership is granted; property to be transferred to plaintiff; first defendant to pay costs of action.
Judges
RG Tolmay
Legal Topics
Actio Communi Dividundo, Rectification of Contract, Termination of Joint Ownership, Transfer of Property, Costs Order
Land and Property Civil Procedure Actio Communi Dividundo Rectification of Contract Termination of Joint Ownership Transfer of Property Costs Order

Case Brief

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Parties

P[….] B[….] M[….]

Plaintiff

D[….] E[….] M[….]

Defendant

The Registrar of Deeds, Pretoria

Defendant

Standard Bank of South Africa Limited

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the joint ownership of the Mountain View property between the plaintiff and first defendant should be terminated.
  2. 2 Whether the offer to purchase and related documents should be rectified to remove references to a customary marriage and the first defendant.
  3. 3 Whether the first defendant is entitled to any share in the property given her lack of financial contribution.

Ratio Decidendi

The court found the plaintiff's version more probable, concluding that the first defendant had agreed to contribute R350,000 towards the purchase of the Mountain View property but failed to do so. Evidence showed she made no contribution to the bond or municipal accounts and retained ownership of her own property. The court exercised its equitable discretion under actio communi dividundo, determining that the joint ownership should be terminated and the property transferred to the plaintiff. The first defendant was found to have no claim to the property, and the offer to purchase was ordered to be rectified to remove references to her and the alleged customary marriage. The plaintiff was...

Court Disposition

Plaintiff's claim for rectification and termination of joint ownership is granted; property to be transferred to plaintiff; first defendant to pay costs of action.

Orders

  • The offer to purchase is rectified by removing all references to the first defendant and the alleged customary marriage.
  • The joint ownership in the property known as [….], Pretoria between the plaintiff and first defendant is dissolved.