Fourie v Honeyborne (63887/2015)
Fourie v Honeyborne (63887/2015) [2017] ZAGPPHC 497 (4 August 2017)
The court found that the applicant had established joint ownership and the respondent's refusal to agree to termination or the method thereof. The respondent's objections regarding the commissioning of the affidavit were dismissed, as the defect was not material and could be condoned. The existence of a lease agreement and option to purchase did not preclude the termination of co-ownership, as the doctrine of 'huur gaat voor koop' ensures the lessee's protection. Since the parties could not agree on division, the court exercised its discretion to appoint a receiver to investigate contribution…
Source excerpt
- Co Ownership Termination
- Action Communis Dividundo
- Partition Of Property
- Lease And Option To Purchase