South Africa Case Law

Britz v Sequeira (5071/2018)

Britz v Sequeira (5071/2018) [2020] ZAFSHC 81; [2020] 2 All SA 415 (FB) (20 March 2020)

Court

Free State High Court, Bloemfontein

Case number

5071/2018

Judge

Daffue

Although the general rule is that every co-owner is entitled to termination of joint ownership, the court found that the complex and intertwined financial relationships between the parties, including unresolved claims in the Pretoria High Court regarding close corporation interests and loan accounts, would render immediate termination unjust and inequitable. The respondent would be prejudiced if the property were sold before his claims are resolved, as he lacks the financial means to purchase the applicant's share or bid at auction. The alleged lifelong right of habitatio was dismissed as leg…

Source excerpt

• Termination Of Joint Ownership
• Actio Communi Dividendo
• Stay Of Proceedings
• Exclusive Use Areas
• Mortgage Bond Priority

J.S v J.H.S (19122/14)

J.S v J.H.S (19122/14) [2018] ZAWCHC 80; [2018] 3 All SA 662 (WCC); 2018 (6) SA 528 (WCC) (27 June 2018)

Court

Western Cape High Court, Cape Town

Case number

19122/14

Judge

Andrews AJ

The High Court found a universal partnership between long-term cohabitees and ordered division of the joint estate, including transfer of the property share.

• Universal Partnership
• Actio Communi Dividendo
• Division Of Joint Estate
• Cohabitation Rights
• Partition Of Property
• Rei Vindicatio