South Africa Case Law

Mulaudzi v Mudau and Others (1034/2019)

Mulaudzi v Mudau and Others (1034/2019) [2020] ZASCA 148 (18 November 2020)

Court

Supreme Court of Appeal

Case number

1034/2019

Judges

Van der Merwe, Makgoka, Plasket, Ledwaba, Mabindla-Boqwana

The Supreme Court of Appeal held that the sale of the property by the second respondent, who was married in community of property, without the written consent of his spouse, would ordinarily be invalid under s 15(2)(a) of the Matrimonial Property Act. However, s 15(9)(a) provides that if the purchaser did not know and could not reasonably have known that the required consent was lacking, the transaction is deemed valid. The appellant established that she did not know and could not reasonably have known of the second respondent's marital status, relying on his representations in the sale agree…

Source excerpt

• Matrimonial Property Act
• Sale Of Immovable Property
• Consent In Marriage
• Deemed Consent
• Fraudulent Misrepresentation