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South Africa decisions
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Slabbert and Another v Moodie and Others (9688/2023) [2024] ZAGPPHC 230 (4 March 2024)
The High Court appointed a liquidator to realise and distribute partnership assets after a dissolved partnership remained unresolved for nearly three years.
TSI Communications CC v Omega M Projects (2022/13169) [2023] ZAGPJHC 1081 (27 September 2023)
The High Court dismissed an exception to particulars of claim in a partnership dispute, holding that the actio pro socio may be brought during the partnership.
Istmak Empire (Pty) Ltd v Rapalalane t/a Wanga's Projects (20/33234) [2021] ZAGPJHC 854 (28 July 2021)
The court held that the present action is not precluded by the principle in Shingadia Brothers v Shingadia, as it is not an action by or against the joint venture itself, but rather between individual members in their own names. The acknowledgement of debt is an ancillary instrument arising from the joint venture agreement, and the plaintiff is entitled to enforce it independently of the continued subsistence of the joint venture. The actio pro socio principle allows a partner to sue a co-partner for specific performance or fulfilment of personal obligations during the existence of the partne…
Source excerpt
Durr v Noe and Others (6802/2013) [2017] ZAWCHC 162 (8 September 2017)
The High Court dismissed an exception to a conditional counterclaim in a partnership dispute, holding the claim could not be struck out before the main issues were tried.
Truter and Another v Munsfeld and Others (6704/2016) [2016] ZAWCHC 142 (26 October 2016)
The High Court upheld an exception to particulars of claim seeking appointment of a partnership liquidator, finding the pleading did not properly cover the company and trust.
Oosthuizen v Deetlifs (61253/2012) [2014] ZAGPPHC 559 (11 August 2014)
The court held that a partnership existed and ordered the defendants to render a sworn account with supporting documents before final settlement.
Morar NO v Akoo and Another (498/10) [2011] ZASCA 130; 2011 (6) SA 311 (SCA); [2011] 4 All SA 617 (SCA) (15 September 2011)
The Supreme Court of Appeal held that a court cannot grant a partnership liquidator broad extra powers, including interrogation powers or litigation funding orders.
Schrepfer v Ponelat (17318/2009) [2010] ZAWCHC 193 (26 August 2010)
The court found a tacit universal partnership between cohabitees, awarded the plaintiff 35% of the estate, and dismissed a breach of promise claim.
Nair v Chandler (13650/06) [2006] ZAGPHC 68; 2007 (1) SA 44 (T) (19 July 2006)
Summary judgment was refused in a partnership reimbursement dispute because the claim lacked allegations of winding-up and accounting after termination.
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