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South Africa Case Law

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Family And Children [2018] ZALMPPHC 57

Mogola v Mogola and Others (HCA30/2017)

Mogola v Mogola and Others (HCA30/2017) [2018] ZALMPPHC 57 (19 October 2018)

Court
Limpopo High Court, Polokwane
Case number
HCA30/2017
Judges
MG Phatudi, MF Kganyago, GC Muller

The majority held that the deceased's act of investing R800,000.00 as a donation in the name of the first respondent, without the appellant's written consent, constituted a violation of section 15(2)(c) of the Matrimonial Property Act. The funds originated from the joint estate, and the alienation was intended to prejudice the appellant's interest. The transaction was therefore null and void, and the funds must be paid into the deceased's estate. The minority (Muller J) disagreed with the majority's interpretation of section 15(2)(c), but concurred that the donation was fraudulent and prejudi…

Source excerpt

  • Matrimonial Property Act
  • Alienation Of Joint Estate Assets
  • Donation Without Spousal Consent
  • Interpretation Of Statutory Provisos
  • Fraudulent Donation
  • Executrix Powers
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Family And Children [2018] ZALMPPHC 65

M.O.M v M.M and Others (HCA30/2017)

M.O.M v M.M and Others (HCA30/2017) [2018] ZALMPPHC 65 (19 October 2018)

Court
Limpopo High Court, Polokwane
Case number
HCA30/2017
Judges
M.G Phatudi, M.F Kganyago, G.C Muller

The court found that the deceased and appellant were married in community of property and jointly invested R800,000 in a fixed deposit. The deceased subsequently transferred the investment into the name of the first respondent without the appellant's written consent, in violation of section 15(2)(c) of the Matrimonial Property Act. The court rejected the respondent's claim that the asset was a valid donation, finding no credible evidence of the appellant's consent or knowledge. The transaction was deemed a fraudulent alienation of a joint estate asset, intended to deprive the appellant of her…

Source excerpt

  • Matrimonial Property Act
  • Alienation Of Joint Estate Assets
  • Donation Of Joint Estate Assets
  • Spousal Consent
  • Interpretation Of Statutes
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.