South Africa Case Law

Buitendag v Van Rooyen (2024/077124)

Buitendag v Van Rooyen (2024/077124) [2025] ZAGPJHC 175 (17 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/077124

Judge

WJ du Plessis

The court found that the joint ownership of the property should be terminated due to the irretrievable breakdown of the parties' relationship. It exercised its equitable discretion to provide a mechanism for termination that balances fairness and practicality. The respondent is given the first option to buy out the applicant's share at a price determined by an independent valuer, with strict timelines and clear allocation of costs. The applicant is liable for 50% of the initial co-ownership expenses (deposit, transfer, bond registration, rates, and taxes), but not for transfer costs into the…

Source excerpt

• Co Ownership Termination
• Actio Communi Dividundo
• Division Of Property
• Financial Adjustment Between Co Owners
• Transfer Costs Liability

C.K.N and Another v Villa Siesta Pet Retreat CC and Another (059704/2022)

C.K.N and Another v Villa Siesta Pet Retreat CC and Another (059704/2022) [2024] ZAGPPHC 1230 (28 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

059704/2022

Judge

Baqwa

The court found that the applicants are co-owners of the property, based on their financial contributions, participation in management, and the terms of the settlement agreement, which confirmed their respective shares but did not resolve the termination of co-ownership. The respondents' res judicata argument failed because the parties and subject matter differed from the divorce proceedings, and the actio communi dividundo was not previously adjudicated. The affidavit was accepted as valid due to substantial compliance with the regulations, given the practical impossibility of conventional c…

Source excerpt

• Co Ownership
• Actio Communi Dividundo
• Division Of Property
• Affidavit Formalities
• Res Judicata
• Partnership Liquidation

K.A v A.E and Another (15857/24)

K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024)

Court

Western Cape High Court, Cape Town

Case number

15857/24

Judge

A Bhoopchand

The High Court terminated joint ownership of an ex-spouses’ property, held the applicant was entitled to half, and ordered sale by private treaty with equal division of proceeds.

• Actio Communi Dividundo
• Termination Of Joint Ownership
• Division Of Property
• Marriage By Islamic Rites
• Maintenance Obligations
• Actio-communi-dividundo

Ngobeni and Another v Malungani and Others (2024-069450)

Ngobeni and Another v Malungani and Others (2024-069450) [2024] ZAGPPHC 707 (15 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-069450

Judge

E van der Schyff

Urgent interim interdict preserved estate and pension/gratuity funds pending litigation over the validity of the applicant’s alleged customary marriage.

• Customary Marriage Validity
• Interim Interdict
• Estate Preservation
• Inheritance Rights
• Urgent Application
• Division Of Property

M.F v V.F and Others (2003/22202)

M.F v V.F and Others (2003/22202) [2024] ZAGPJHC 318 (2 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2003/22202

Judge

A Bishop

Contempt application dismissed: the applicant failed to prove that the respondent breached the divorce order by not vacating the property.

• Contempt Of Court
• Settlement Agreement
• Trustees Duties
• Division Of Property
• Trust Property Control Act
• Contempt-of-court

Ruth Eunice Sechoaro v Patience Kgwadi (896/2021)

Ruth Eunice Sechoaro v Patience Kgwadi (896/2021) [2023] ZASCA 46; 2023 (5) SA 420 (SCA) (4 April 2023)

Court

Supreme Court of Appeal

Case number

896/2021

Judges

Dambuza, Schippers, Nicholls, Kathree-Setiloane, Siwendu

The Supreme Court of Appeal found that the respondent's unilateral mistake in signing the 2012 agreement was reasonable and excusable. The respondent was hospitalized, sedated, and in pain when presented with the agreement, which was inconsistent with the prior verbal arrangement regarding the division of property. The applicant failed to provide evidence that the respondent intended to forfeit her share or that the nature and importance of the agreement were explained to her. The court held that Mr Kgwadi, knowing the respondent's condition and the prior agreement, deliberately presented the…

Source excerpt

• Unilateral Mistake
• Contract Enforceability
• Division Of Property
• Variation Of Settlement Agreement

Marogoa v Marogoa and Others (101/2022)

Marogoa v Marogoa and Others (101/2022) [2023] ZAFSHC 17 (24 January 2023)

Court

Free State High Court, Bloemfontein

Case number

101/2022

Judge

C Reinders

High Court ordered termination of joint ownership of inherited immovable properties and directed sale by public auction, with proceeds split equally and costs against the respondents.

• Termination Of Joint Ownership
• Division Of Property
• Public Auction
• Costs Order
• Termination-of-joint-ownership
• Co-ownership

Letsoko v Monthanga (25020/2020)

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

Court

South Gauteng High Court, Johannesburg

Case number

25020/2020

Judge

Lenyai

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

Accolla v Narandas (AR115/2021)

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

Court

Kwazulu-Natal High Court, Durban

Case number

AR115/2021

Judges

Bedderson, Kruger, Masipa

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

A.O v M.O (73754/14)

A.O v M.O (73754/14) [2017] ZAGPPHC 27 (3 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

73754/14

Judge

P.M Mabuse

The High Court dismissed an application to rescind a default divorce order, finding no reasonable explanation for default, no bona fide defence, and no proof of a prior Algeria marriage.

• Rescission Of Judgment
• Default Divorce Order
• Maintenance Variation
• Division Of Property
• Rescission-of-judgment
• Default-judgment