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South Africa decisions
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R.D.M v M.D.K (8052/2019) [2025] ZALMPPHC 31 (19 February 2025)
The High Court dismissed a claim for a universal partnership, finding the evidence showed cohabitation and shared expenses rather than a joint venture for profit.
Manzini v Dlalisa and Another (2024/101585) [2024] ZAGPJHC 920 (6 September 2024)
Urgent burial dispute dismissed after the court found a customary marriage on balance of probabilities and held the respondent could determine burial arrangements.
Pooe v Macheke (72144/18) [2023] ZAGPPHC 1941 (8 November 2023)
The High Court found that a long-term cohabiting couple formed a tacit universal partnership and ordered its dissolution with equal division of assets.
M.M.L v J.J.L (A66/2023) [2023] ZAFSHC 170 (18 May 2023)
The court found that the appellant was cohabiting with Mr Coetzee within the meaning of the dum casta clause in the Deed of Settlement. The evidence established that Mr Coetzee regularly stayed at the appellant's residence, contributed financially, stored personal items, and maintained an intimate relationship with the appellant. The appellant's explanations regarding certain evidence were not persuasive, and the probabilities favoured the respondent's version. The maintenance obligation was therefore terminated. Additionally, the appellant was responsible for the wasted costs of postponement…
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Seleme v Department of Home Affairs and Others (2020/28304) [2022] ZAGPJHC 902 (18 November 2022)
The High Court dismissed an application to register a customary marriage, finding the applicant had not proved the marriage was negotiated and celebrated in accordance with customary law.
Lemaku v Simunye and Others (1887/2022) [2022] ZAFSHC 114 (25 May 2022)
An estranged wife sought to stop her husband’s burial and claim the right to bury him. The court held that long-term cohabitation and fairness mattered, and dismissed the urgent ex parte application.
Oosthuizen v Van Heerden (5619/2019) [2021] ZAFSHC 321 (30 November 2021)
The High Court found a universal partnership existed between cohabitants in a guesthouse business, dismissed the plaintiff’s claim, and ordered dissolution and liquidation.
D[....] v B[....] and Others (23664/2017) [2021] ZAGPPHC 212 (30 March 2021)
The court found that the plaintiff and first defendant were in a relationship akin to husband and wife, and that the plaintiff made substantial financial and labour contributions to the businesses and assets managed by the first defendant. The evidence established that both parties intended to build and accumulate assets for their joint benefit, and that the plaintiff was not merely an employee but a partner in a universal partnership. The court accepted that the partnership was tacitly formed through conduct and mutual intention, and that the assets and businesses operated by the first defen…
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J.K.K v Maloi N.O (26365/2016) [2021] ZAGPPHC 36 (21 January 2021)
The High Court dismissed a claim that a universal partnership existed between a plaintiff and a deceased man, finding the evidence improbable and unsupported.
C B and Another v H B (1324/2019) [2020] ZASCA 178; 2021 (6) SA 332 (SCA) (18 December 2020)
The SCA held that a church blessing ceremony was not a remarriage under the divorce settlement and set aside contempt and de bonis propriis costs orders.
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