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South Africa decisions
Decisions matching the current search
Crawford v Goodman (21/37617) [2022] ZAGPJHC 435 (1 July 2022)
The High Court held that a universal partnership between cohabitees had ended, allowing termination of joint ownership of a Benoni property under actio communi dividundo.
DRS v VGS (M 283/2018) [2020] ZANWHC 82 (12 March 2020)
The High Court dismissed an application to rescind an order appointing a receiver for a divorced couple’s joint estate, finding no proper explanation for delay or valid defence.
E.M v W.S.M (51743/16) [2018] ZAGPPHC 313 (25 January 2018)
The High Court appointed a receiver and liquidator to divide a divorced couple’s joint estate, holding that the settlement agreement was not properly complied with.
P v P (A163/2015) [2016] ZAFSHC 13 (28 January 2016)
The court held that the magistrate erred in requiring proof that the parties had made meaningful attempts to reach agreement before appointing a receiver. The relevant legal principle is that, in the absence of agreement, the court may appoint a receiver to divide the joint estate, regardless of the reasons for the lack of agreement. The parties had failed to reach agreement for nearly three years after the divorce, and neither made serious efforts to expedite the process. The continued delay justified judicial intervention. The costs of the application in the magistrate’s court should be pai…
Source excerpt
L v S (A3052/2015) [2015] ZAGPJHC 277 (21 October 2015)
The High Court upheld an appeal against the appointment of a receiver and liquidator after divorce, finding the dispute on the papers was unresolved and remitting the matter.
Baloyi v Baloyi (43844/2008) [2014] ZAGPPHC 312 (3 June 2014)
The court enforced a divorce settlement by terminating co-ownership of immovable property, appointing a receiver to sell it, and dividing the net proceeds equally.
Ellis v Saga Wine Farms (Pty) Ltd and Others (4469/2014) [2014] ZAWCHC 48 (4 April 2014)
The High Court dismissed an urgent application to appoint an interim receiver over a company linked to a deceased sole shareholder’s estate.
M.S.O v M.S.O (941/2008) [2012] ZANCHC 20 (24 February 2012)
The High Court appointed a receiver to value and divide the former spouses’ joint estate, dismissed maintenance and medical expense claims, and refused forfeiture.
B v B (15073/210) [2011] ZAGPJHC 132 (8 September 2011)
High Court divorce action granting a decree of divorce and ancillary orders on children's residence, contact, and accrual-based asset division.
S.A.N (born C) v J.E.N (CA&R EL 157/03, 356/0) [2009] ZAECGHC 82 (26 November 2009)
The court appointed a receiver to divide a post-divorce joint estate after rejecting alleged settlement documents that did not comply with land-sale formalities.
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