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D.B v N.B (CA62/2022) [2023] ZAECMKHC 51 (22 March 2023)
The High Court dismissed an appeal against a magistrate’s ruling upholding lis alibi pendens in a motor-vehicle ownership dispute tied to pending divorce proceedings.
S v K (A3139/2021) [2022] ZAGPJHC 801 (11 October 2022)
Full Bench appeal on accrual under the Matrimonial Property Act: the court held it could not appoint a liquidator to determine and realise assets absent agreement.
K.J.S v M.J.S (14396/2010) [2015] ZAKZDHC 43; 2016 (1) SA 64 (KZD); [2015] 3 All SA 85 (KZD) (25 May 2015)
The court found that, although the Antenuptial Contract was not registered, the parties had agreed prior to marriage that their union would be governed by such a contract with the accrual system. This informal agreement is valid and enforceable between the parties, but not against third parties. The court rejected the plaintiff's argument that the marriage was in community of property, holding instead that it is out of community of property and subject to accrual. Regarding the date for determination of accrual, the court held that litis contestatio is the operative date, as it marks the crys…
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