South Africa Case Law

D.J.S (Snr) and Others v A.S and Another (2021/4290)

D.J.S (Snr) and Others v A.S and Another (2021/4290) [2023] ZALMPPHC 86 (19 September 2023)

Court

Limpopo High Court, Polokwane

Case number

2021/4290

Judge

Ngobeni

The court found that the first respondent is obliged to transfer her shares in Onverdient (Pty) Ltd to the first applicant and to sign papers necessary for transfer of half ownership of Farm Waterval to the second applicant, subject to ministerial approval. The second applicant is entitled to free access to the farm and to an accounting and profit sharing from its income since the divorce. Disputes regarding the loan account, sale of land, and referral to the NDPP involve factual issues unsuitable for resolution on affidavit and are referred to trial. The claim for rental has already been adj…

Source excerpt

• Specific Performance
• Settlement Agreement Enforcement
• Division Of Matrimonial Property
• Subdivision Of Agricultural Land Act
• Accounting And Profit Sharing
• Referral To Trial

Brown v D'Elboux (40381/2015)

Brown v D'Elboux (40381/2015) [2017] ZAGPJHC 164 (5 April 2017)

Court

South Gauteng High Court, Johannesburg

Case number

40381/2015

Judge

Ncongwane

The court rectified a divorce settlement to require market-value sale of jointly owned property, appointed a liquidator, and dismissed a contempt claim.

• Rectification Of Settlement Agreement
• Division Of Matrimonial Property
• Appointment Of Liquidator
• Contempt Of Court
• Municipal Compliance
• Transfer Of Immovable Property

T.A.V.R v H.V.R (59938/10)

T.A.V.R v H.V.R (59938/10) [2012] ZAGPPHC 70 (24 April 2012)

Court

North Gauteng High Court, Pretoria

Case number

59938/10

Judge

AP Ledwaba

High Court dispute over ownership of a Toyota Fortuner. The court found the vehicle had been donated to the defendant and dismissed the plaintiff’s claim.

• Division Of Matrimonial Property
• Ownership And Transfer Of Motor Vehicle
• Donation
• Oral Contract
• Counterclaim
• Oral-contract

Iffland v Iffland and Another (2724/2006)

Iffland v Iffland and Another (2724/2006) [2006] ZAFSHC 25 (14 September 2006)

Court

Free State High Court, Bloemfontein

Case number

2724/2006

Judge

D Milton WND R

The court found that the applicant established a prima facie right to the proceeds of the property sale, either by oral agreement to share the proceeds or by unjust enrichment. The urgency was genuine, as the property was imminently being transferred and the respondent refused to preserve the funds. The applicant had no adequate alternative remedy, as the funds could be dissipated before the main action was resolved. The balance of convenience favoured the applicant, since the respondent would not suffer significant prejudice by having the proceeds held in an interest-bearing account, while t…

Source excerpt

• Interim Interdict
• Division Of Matrimonial Property
• Urgent Application
• Unjust Enrichment
• Rule Nisi
• Freezing Of Sale Proceeds