Zulu v Zulu and Others (17413/2005) [2008] ZAKZHC 10; 2008 (4) SA 12 (D) (25 February 2008)

Zulu v Zulu and Others (17413/2005) [2008] ZAKZHC 10; 2008 (4) SA 12 (D) (25 February 2008)

The court found that the applicant's marriage to the deceased was bigamous and void, as the deceased was already married in community of property to the first respondent. The applicant entered the marriage in good faith, unaware of the prior marriage, which could render the marriage putative. However, the existence of a valid community of property regime with the first respondent precluded the creation of a new community of property or universal partnership with the applicant. The applicant failed to prove the existence of a universal partnership, as the contract was not lawful and lacked the necessary elements. The only claim available to the applicant was for damages arising from...

Citation
[2008] ZAKZHC 10
Parties
Applicant: Molly Patricia Zulu; Respondent: Thandiwe Phylis Zulu; Respondent: Thandiwe Phylis Zulu N.O.; Respondent: Master of the High Court
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
25 February 2008
Case Number
17413/2005
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Judges
Hugo
Legal Topics
Putative Marriage, Community of Property, Universal Partnership, Damages for Void Marriage
Family and Children Civil Procedure Putative Marriage Community of Property Universal Partnership Damages for Void Marriage

Case Brief

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Parties

Molly Patricia Zulu

Applicant

Thandiwe Phylis Zulu

Respondent

Thandiwe Phylis Zulu N.O.

Respondent

Master of the High Court

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicant's marriage to the deceased was valid and entitled her to a share of the estate.
  2. 2 Whether the applicant's marriage constituted a putative marriage with proprietary consequences.
  3. 3 Whether a universal partnership existed between the applicant and the deceased.

Ratio Decidendi

The court found that the applicant's marriage to the deceased was bigamous and void, as the deceased was already married in community of property to the first respondent. The applicant entered the marriage in good faith, unaware of the prior marriage, which could render the marriage putative. However, the existence of a valid community of property regime with the first respondent precluded the creation of a new community of property or universal partnership with the applicant. The applicant failed to prove the existence of a universal partnership, as the contract was not lawful and lacked the necessary elements. The only claim available to the applicant was for damages arising from...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.