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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.
W.B v P.G.B (3053/2022) [2024] ZAFSHC 297 (12 September 2024)
A divorce court dissolved the marriage, granted rehabilitative spousal maintenance, set child maintenance and contact arrangements, and rejected a R1 million furniture claim.
M.M v P.J.M (2016/13852) [2024] ZAGPJHC 593 (18 June 2024)
High Court divorce judgment ordering equal division of a home bought during marriage, despite an antenuptial contract excluding community, accrual and profit and loss.
K.M.C v Jordaan and Another (B854/2023) [2024] ZAGPPHC 46 (22 January 2024)
The court found that the liquidator, Mr. Jordaan, acted within his mandate and followed proper procedures in dividing the joint estate. The applicant's claims regarding omitted assets and incorrect application of the buying-out principle were not substantiated by evidence. The court held that any adjustment for liabilities incurred without spousal consent under section 15(9)(b) of the Matrimonial Property Act must be ordered by the divorce court at the time of the decree, and the liquidator is not empowered to make such adjustments independently. Since no such order was made during the divorc…
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M.F.S v N.S (20/27078) [2023] ZAGPJHC 1355 (22 November 2023)
The court found that the applicant failed to set out coherent grounds of appeal and did not provide sound and rational reasons that would justify granting leave to appeal. The applicant's submissions amounted to mere dissatisfaction with the judgment, without any substantive legal basis. The court was satisfied that there were no reasonable prospects of success on appeal, and procedural irregularities in service were not fatal to the application. Accordingly, the application for leave to appeal was dismissed with costs.
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AG v YG (3932/2016) [2023] ZAWCHC 147 (15 June 2023)
High Court divorce judgment on maintenance, an antenuptial-contract payment, and disputed funds held in trust, with limited maintenance relief refused.
S.S v Y.S (4165/2022) [2023] ZAMPMBHC 28 (15 May 2023)
The High Court confirmed cancellation of a post-divorce verbal agreement, ordering sale and transfer of the property and rejecting a PIE eviction argument.
CM v Jordaan t/a Divorce Settlement Agreements and Another (8597/2021) [2022] ZAGPPHC 360 (25 May 2022)
The court found that a material dispute of fact existed regarding the agreement between the parties on the sale of the Pangolin Street property and the calculation of its value. The Distribution and Allocation Account supported the second respondent's version, and the applicant failed to substantiate her claim for an adjustment under section 15(9) of the Matrimonial Property Act. The applicant did not provide sufficient evidence that the joint estate suffered a loss due to the transactions in question, nor did she demonstrate that the debts were undiscovered or incurred solely for the benefit…
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C.M.S.C v N.C (16742/2021) [2021] ZAWCHC 227 (9 November 2021)
The court granted interim maintenance in a divorce matter, fixing cash support at R13,000 per month plus specified expenses, and reserved costs for trial.
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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