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South Africa Case Law

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Commercial And Corporate [2023] ZAGPPHC 1941

Pooe v Macheke (72144/18)

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.

  • Universal Partnership
  • Cohabitation
  • Dissolution Of Partnership
  • Liquidation Of Assets
  • Joint Ownership
  • Actio Communi Dividundo
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Land And Property [2022] ZAGPJHC 325

Letsoko v Monthanga (25020/2020)

Letsoko v Monthanga (25020/2020) [2022] ZAGPJHC 325 (3 May 2022)

The High Court found that the parties had formed a partnership over jointly owned property, dissolved it, appointed a liquidator, and dismissed the respondent’s counter-application.

  • Joint Ownership
  • Dissolution Of Partnership
  • Liquidation Of Assets
  • Division Of Property
  • Dissolution-of-partnership
  • Joint-ownership
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Land And Property [2022] ZAKZDHC 31

Accolla v Narandas (AR115/2021)

Accolla v Narandas (AR115/2021) [2022] ZAKZDHC 31 (8 April 2022)

The High Court upheld an appeal, set aside the earlier order, dissolved the parties’ property partnership, and ordered valuation, transfer, and payment terms.

  • Dissolution Of Partnership
  • Division Of Property
  • Appeal On Factual Findings
  • Market Valuation
  • Transfer Of Immovable Property
  • Appeal-on-factual-findings
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Civil Procedure [2022] ZAGPJHC 64

TP v DN (21859/2021)

TP v DN (21859/2021) [2022] ZAGPJHC 64 (1 February 2022)

The court dissolved a partnership over jointly owned immovable property, dismissed the counterapplication, and ordered an independent liquidator appointed to sell the asset.

  • Dissolution Of Partnership
  • Division Of Joint Property
  • Liquidator Appointment
  • Matrimonial Property Act
  • Costs Order
  • Dissolution-of-partnership
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Commercial And Corporate [2021] ZAFSHC 321

Oosthuizen v Van Heerden (5619/2019)

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.

  • Universal Partnership
  • Dissolution Of Partnership
  • Liquidation Of Assets
  • Joint Ownership
  • Costs Order
  • Universal-partnership
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Civil Procedure [2020] ZAECPEHC 40

Jacobs v Wagenaar N.O (1654/2020)

Jacobs v Wagenaar N.O (1654/2020) [2020] ZAECPEHC 40 (20 October 2020)

Default judgment was granted confirming a universal partnership, dissolving it, and ordering the executor of the deceased estate to pay R505,000 plus interest and costs.

  • Universal Partnership
  • Dissolution Of Partnership
  • Division Of Assets
  • Executor Liability
  • Immovable Property
  • Default Judgment
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Commercial And Corporate [2020] ZAECGHC 12

Allner v Werner (2584/2018)

Allner v Werner (2584/2018) [2020] ZAECGHC 12; [2020] 2 All SA 49 (ECG) (25 February 2020)

The High Court found a universal partnership between unmarried cohabitants and awarded the plaintiff a 30% share of the partnership assets.

  • Universal Partnership
  • Cohabitation
  • Tacit Contract
  • Dissolution Of Partnership
  • Equitable Distribution
  • Universal-partnership
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Commercial And Corporate [2018] ZASCA 18

Budge and Others v Glyn-Cuthbert and Others (1046/2016)

Budge and Others v Glyn-Cuthbert and Others (1046/2016) [2018] ZASCA 18 (16 March 2018)

The Supreme Court of Appeal found that the first respondent did not repudiate the dissolution of partnership agreement. The conduct of both parties, including ongoing attempts to implement the agreement and acquiescence to certain payments, indicated that the agreement remained operative. The failure to incorporate Rusco was immaterial, and the so-called repudiation letter did not amount to a repudiation. The enrichment claim for repayment of the management fee to REM failed because the payment was acquiesced to and not at the expense of Wavelengths. The claim for repayment of remuneration to…

  • Dissolution Of Partnership
  • Repudiation
  • Unjust Enrichment
  • Liquidation Orders
  • Management Fee Dispute
  • Costs Orders
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Family And Children [2017] ZAGPJHC 50

T v T (33933/2015)

T v T (33933/2015) [2017] ZAGPJHC 50 (3 March 2017)

The court granted a divorce, declared a tacit universal partnership, ordered its dissolution and equal division, and made child maintenance and care orders.

  • Universal Partnership
  • Divorce
  • Parental Responsibilities And Rights
  • Maintenance
  • Dissolution Of Partnership
  • Children S Act
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Commercial And Corporate [2016] ZAGPJHC 332

Nkosi and Another v Sugar Creek Trading 278 (Pty) Ltd and Others (23401/2013)

Nkosi and Another v Sugar Creek Trading 278 (Pty) Ltd and Others (23401/2013) [2016] ZAGPJHC 332 (13 December 2016)

The High Court found an oral partnership existed among four businessmen, held company shares were partnership assets, and ordered an accounting and payout.

  • Partnership Agreement
  • Declaratory Relief
  • Statement And Debate Of Account
  • Distribution Of Partnership Assets
  • Credibility Assessment
  • Dissolution Of Partnership
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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.