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South Africa decisions
Decisions matching the current search
N.S v R.S (D410/2020) [2025] ZAKZDHC 43 (18 July 2025)
The High Court terminated joint ownership of a marital home, ordered a private auction at a R5 million reserve, and set rules for transfer and accrual division.
O.M v B.M and Others (13717/24) [2025] ZAWCHC 86 (24 February 2025)
High Court costs ruling in a property dispute between former spouses, where the substantive relief became moot and the first respondent was ordered to pay attorney-and-client costs.
N.M v M.M and Another (2023/008561) [2024] ZAGPJHC 674 (24 July 2024)
The court granted an actio communi dividundo application, terminating joint ownership of the former matrimonial home and allowing the applicant to buy out the respondent’s share.
Van Zyl v Steyn (83856/15) [2022] ZAGPPHC 302 (3 May 2022)
The High Court refused leave to appeal against a costs order, finding no reasonable prospects of success, no exceptional circumstances, and no basis to disturb the discretion on costs.
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.
M.D.S v J.P.V (83856/15) [2021] ZAGPPHC 543 (16 August 2021)
In a joint-ownership dispute, the High Court held that the plaintiff was entitled to her costs after the defendant’s conduct prolonged the matter unnecessarily.
Mohamed N.O v VGZ and Others (1372/2019) [2020] ZAECPEHC 20 (23 June 2020)
The court found that although the deceased estate remains the registered co-owner of the property, the divorce settlement agreement and the court order awarded the property to the first respondent and extinguished any personal claim by the deceased or his estate to division under actio communi dividundo. The failure to effect transfer does not revive the estate's right to division; rather, the appropriate remedy is enforcement of the first respondent's obligations under the settlement agreement. The impossibility of performance due to mortgage debt is subjective and does not void the agreemen…
Source excerpt
Makhathini v Gwala and Another (22180/2016) [2018] ZAGPJHC 586 (31 October 2018)
The court postponed an unopposed application for oral evidence because the papers were too thin to decide the parties’ relationship and property rights.
E.T.N v H.E.T (66959/2016) [2018] ZAGPPHC 492 (5 April 2018)
The High Court ordered sale of jointly owned property after a relationship breakdown, applying actio communi dividundo and awarding costs to the applicant.
Bezuidenhout v Master of the High Court, Johannesburg and Others (21233/2016) [2017] ZAGPJHC 86 (16 March 2017)
The High Court reviewed the Master’s decision and held that an immovable property formed part of the deceased’s estate under the divorce settlement.
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